The URL can be used to link to this page

Selva Preserve Preliminary Plat Review ApplicationProperty Applican Project: City of Atlantic Beach APPLICATION NUMBER Building Department (To be assigned by the Building Department.) 800 Seminole Road �y np Atlantic Beach, Flodda 32233-5445 11— S-PrF So Phone (904) 247-5826 Fax (904) 247-5845 E-mail: buildingdept@coab.us Date routed: OS I 'S11 � I I �' City web -site: http:1Awww.coab.us APPLICATION REVIEW AND TRACKING FORM Review fee $ Dept Signature Other Agency Review or Permit Required Review or Receipt Date of Permit Verified B Flodda Dept. of Environmental Protection Florida Dept. of Transportation St. Johns River Water Management Dishier Amy Corps of Engineers Division of Hotels and Restaurants Division of Alcoholic Beverages and Tobacco Other: APPLICATION STATUS Reviewing Department First Review: ❑Approved. ❑Denied. (Circle one.) Comments: BUILDING PLANNING & ZONING Reviewed by: Date: TREE ADMIN. Second Review: ❑Approved as revised. ❑Denied. PUBLIC WORKS Comments: PUBLIC UTILITIES PUBLIC SAFETY Reviewed by: Date: FIRE SERVICES Third Review: ❑Approved as revised. [—]Denied. Comments: Reviewed by: Date: Revised 05/W09 1 RECEIVED RECEIVED MAY - 2 2011 a, MAY - $ 2017 BuOdingDeparbrat Bu"r De�� M City ofAtlanGc 11.1Atiantic Beach, FL BeachAWLICATION FOR REVIEW OF SUBDIVISION CONCEPT PLAN City of Atlantic Beach - 800 Seminole Road Atlantic Beach, Florida 32233-5445 Phone: (904) 247-5800 - FAX (904) 247-5805 - http://w .coab.us Date 2l-Ut) 1. Applicant's Name � NeKc✓(/Q , LIC File No._ j j' SP'P (t' — Sb 2. Applicant's Address Ott- •e 'V p-v� i 3. Property Location ( 14= .4 zl r 4. Property Appraiser's Real Estates Number -1aoa� —) q / 0 ✓ 5. Current Zoning Classification RS � I 6. Comprehensive Plan Future Land Use desi 7. Size of Parcel —) . D Application fee of $150.00, as established by Section 24-69(7)c, must be included with this application. I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s) yor authorized person if owner's authorization form is attached: Printed or typed pgYpf(s): L&w ,pfd, Tt — yy",f. c Signature(s): ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: t—"Diff lfwA Mailing Address: —Z -"rd ti Phone: 9d H'333-156 2f FAX: IFE Information required for review. Sec. 24-203. Concept Plan and information required for review. (a) Purpose and Intent. The Concept Plan Review provides for administrative review by the Planning and Zoning, Building, Utility and Public Works Departments, and other City staff as may be appropriate. Seven (7) copies of the proposed Concept Plan, including the following information are required to be submitted along with this application form and the established review fee of ',650.00. (A Concept Plan Review shall not be required for previously approved Planned Unit Developments.) /I) The name, address and contact information of the property owner of record, and proof of O/ (2) The name, address and contact information of the developer or any authorized agent(s), accompanied by proper owner's authorization. J(3) A current Certified Survey and legal description. /(4) A proposed conc tual site plan superimposed upon a boundary survey depicting each of the v following. (- o � 0 i. Location and width of all Street Right-of-ways; pavement width and curb detail. ii. Name and Right-of-way width of all existing Streets adjoining the proposed Development. iii. Sidewalks, pedestrian pathways and connections to any sidewalks outside of the proposed Development. iv. Lot layout with Lot dimensions. v. Any existing and proposed Easements. vi. Any natural features including Environmentally Sensitive Lands, lakes, Wetlands and estuarine environments, natural or manmade waterways or waterbodies, and any designated Floodways. (b) Review process. Upon receipt of a complete and proper application containing all above required information, copies of the Concept Plan shall be distributed to appropriate departments for review and comment. Review comments shall be provided to the Applicant in writing within fifteen (15) days of receipt of the complete and proper application. (c) Time limit. Comments provided as a result of the Concept Plan Review shall remain valid for a period of six (6) months. In the event that a Preliminary Plat is not submitted to the City within this period of time, a re -submittal of the Concept Plan and review fees shall be required. July 11, 2016 Ms. Laura Ferrante Selva Preserve, LLC 248 Levy Road Atlantic Beach, FL 32233 RE: Water and Sewer Availability Selva Preserve (427 11' Street) Dear Ms. Ferrante: This letter is to confirm that water and sewer facility capacity is available to the above property through the City of Atlantic Beach utilities. The City Utility has sufficient treatment capacity and system connection availability to support the proposed single family development (1 l lots x 350 gpd = 3,850 gpd). Should you have additional questions, feel free to call me at (904) 247-5874 or email me at kmoore(ad oab.us. S�,incerely, // V. Kayle Moore, P.E. Deputy Public Works Director cc: Donald D. Jacobovitz, P.E., Public Works Director Chris Walker, Conveyance Division Director Public Utilities Department - 1200 Sandpiper Lane Atlantic Beach, FL 32233 (904)247-5834 Property Applican Project: Review fee $ City of Atlantic Beach APPLICATION NUMBER Building Department (To be assigned by the Building Depadment.) 800 Seminole Road np Atlantic Beach, Florida 32233-5445 Phone (904) 247-5826 Fax (904) 247-5845 E-mail: building-dept@coab.us Date routed: O� I D� City web -site: hnp://www.coab.us APPLICATION REVIEW AND TRACKING FORM Dept Signature i Review or Receipt p of Permit Verified B Data 0 2017 Other Agency Review or Permit Required First Review: Florida Dept. of Environmental Protection Florida Dept. of Transportation p r7 i 1 IR0111p�I R'td✓Y4,n} FICY..� T4,$J St. Johns River Water Management District Army Corps of Engineers '-- Division of Hotels and Restaurants nJ y �J Reviewed by:aq r Cf JU SOS 0 -29.1 �Date: Division of Alcoholic Beverages and Tobacco Second Review: Other: PUBLIC WORKS APPI ICATIntd QTATI IC ment First Review: ❑Approved v enied. Comments: p r7 i 1 IR0111p�I R'td✓Y4,n} FICY..� T4,$J FPLANNING ktesvlt�.5 ING nJ y �J Reviewed by:aq r Cf JU SOS 0 -29.1 �Date: Second Review: A roved as revised. ❑ PP ❑Denied. PUBLIC WORKS Comments: PUBLIC UTILITIES PUBLIC SAFETY Reviewed by: Date: FIRE SERVICES Third Review: ❑Approved as revised. ❑Denied. Comments: Reviewed by: Date: Revised 0&14/09 DEED OF CONSERVATION EASEMENT STANDARD THIS DEZG OF CONSERVATION EASEMENT is ghen this qday of Alilu20j, by Will Prserve. a Florida limited tlebditv comoanv ('Grantor') whose mailing address, Is 248 L.. Ita.d. AOalltic Beach. Florida to St. Johns Rher Water Nanaaerrrent District tee'). As used herein, Its %ami "Grantor' shall include any and all helm, sllaeee0fa a assigns of the Grantor, and a0 subsequent omnis of the 'Conservation Esserrhent Area" (as herehaher defined) and the tam 'Grantee' sled Include any successor or assignee of Grantee. WHEREAS, the Grantor W to in at" oder of Certain lands wituated in QgyyL County, Florida, and mom specifically described on the location map In Exhibit attached haeb aM ircorporeed herein (its "Properly'); and WHEREAS, Permit No, 120212.3 ("Para ilk and any moditlratona therm Issued by the Grantee authortme certain acaWtles which could affect wetlands or odw surface waters in or of the Sete of Fonda; and WHEREAS, the Grantor, In consideration of the consent granted by the Penmt a ober good and walueble Consideration provided to Grantor, W agreeable to granting and saaudrg to the Grantee a perpetual Conservation Ear anent as defined In Section 704.06, Florida Stabrie (F8.), ower the area of the Property described on EYhbk'B' ("Conservation Eseement Area'); and WHEREAS, Grantor gents this Conservabon Ewement as a condition of the Pamst, stalely to Off -ad m Onward adverse Impacts to natural maoulCee, fish and w idils, and wetland functions; and WIERF-B, Grantor defines to Preserve the Consavadon Fassnherrt Arae In perpeoty in its natural cordNab, or, In a000rdacoe with the Psnrdt In an enhanced, rsetored, or created core ilim; and NOW, THEREFORE, In consideration of to issuance of the Permit to consbuct and operate the permBad so", and in an Inducement to Graces in Waring the Permit, together- with other good and valuable ocrald"on provided to the Grantor, the adequacy and receipt of which are hereby aclnhowledged, Grantor hereby volunterily grana, awtae, oonveys, and esablishas a Perpetoai Conservation Essanem or and In favor of to GrarrWe upon the srea of the Property described on Exhibit "B" which shad run with the lard and be binding upon the Grantor, and shat remain in full force and ~ oraver. The snips, nsblre, and character abut Conservation Easer em shell bees fodowa: *Pat. FOlmeaa30b0vider IL Is dCOnwrebn 30301(6)(2)1 F KC InOapaeae by Iel6alY a pagrp118e A70Ao1(e)(t), F.AC (Norse OW) re0n 1 d 10 t. Recites. The radaa hereinabove sat forth ars nue and Conrad and we hereby incorporated into and made a part of this Conservation Easement. 2. pYroose. It is the purpose of this Conservation Easement to retain and a water areas in th6 n oW to retain n Ibb habitat forrento hydrologic, Paor wildlife inaccordance with Section 704.05, F.S. Those wellend a areas as Bubble habitat upbd arae included In Ods Conservation Easement which are to be preserved, enhanced, ceatda, m created pursuant to the Pannk (a any modlik edon hereto) end arty hanagarnem Plan attached hereto a E hbdt °C" ('Manegemsrd Marl which has been approved In writing by the Gnomes, shall be retained and maintained in the preserved, enhanced, restored, a created condaicn requited by the Permit (a any modlluakofl thereto). To cany out this purpose, the following righe are conveyed to Grater by this easement L To erre upon the Conservation Festinant Nee at Mason" times with any necessary equipment or vehicles to Inspect, delanMa compliance with tie covenants and pchibilki Contained in this sramant, and to enforce to t htt herein granted In a manner that will not unreasonably interierewilh the use and quiet en)Wmwdof kis Conservation EasenantAm by Grams at to the of such entry; and b. To proceed at taw or in equity to enforce the pmvWM of this Conservation Easement and the coveeanta sat forth herein, to provent the occurrence of any of to prohibited activities act hath heroin, and to regalre the matomtlon of such areas or features of the Conservation Farmard Area that may be damped by any activity or use that is awoneiefant with this Conservation EBarrhent 3. Prohibited Uses. Except for acMas that ace per itad or raq used by the Permit (a any modification thereto) (which may Include restoration, creation, enherwemaK maintenance, rd renkoring activity, or surface water management Improvements) or other adivitiea described herein or In the Management Plan (k any), any sct+iy on or sus of the Conservation teemed area laonsirent With the purpose of this Conservation Easement Is prohibited. Wrtmut lmlting the gaerely of the foregoing, the following actMltles are expressly prohibkad in or on the Conservation Easement area: a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; b. Dumping or placing of soh or otter wbgW" a material es andflu, or dumping or placing of trash, wast, or unsightly or offensive materials; Q Removing, destroying or trimming her, shrubs, or oth r vpetafbn. mmept I. The removal of dead her and shrubs a arcing her gat could cause damage propecy, Is autladaed; B. This destruction and ramaval of nrdorr. nulencce or lactic isrestve Pam speaes es listed a the mat recent. Plaids Exotic Pod PtaraCascdrs List of Invaalva Spades is authorized; Ii. Activities authorized by the Parent or described In to Maagament Plan a attexwlae approved In writing by the Granas are euthuri and N. AcMaz conducted In accordance with a wlldhe ml6gatlon plan developed with the Florida Forest Service tint has been approved in wiling by the Grantee are authorised. No tsar tlen thirty (30) drys before commencing any aefivOn lo Iparom the approwid wildfire mitigator Pan, Grantor shall notify to GivinM In writing of tis Intent to commarroe such activities. NI such ecWtir may only be oompaled drip the iter prod forwhlrh thsGmntec approval the plan; d. Excevation, dredging, or removal of lam, pea; gnoval, sail, rocic or other material substance In such manner as to ~ the surface: e. Surtaa use except for purposes yon peat ala and a water area to remain h as natural, restored, anfanoed, or creaad andlia; Fpm 62-M 3DIM -Deed of Cwwvatlm mraerK-Mended hrapsndetl "skim M ghprapt 82590.]01eeJ(a), FAC eaadhv. Das) Pea, 2 0 10 f. AdNMes dabtnerial to drainage, flood control water conservation, amebn control, acil conservation, or fish and wildlife hebitst preservation including, but not limited to. dRchhg, diking, owing, and lancing; g. Acte a uses dablmanml to such atoremcdiwad retention of lend or wrote' mesa; and h. Acte or, uses which ora detrtnanbl to the preservation of the structure integrity or physical appearance of Isles a propmties having hsW* archaeological, or cultural significance. 4. Grantors Reserved Rhhts. Grantor reserves at rights as owner of the Conservation Easement Arm, Including the right to engage or, to permit or Invite others to engage in al uses of the Conserva im Easement Ann that ane not prohibited heroin and which sato not inconsistent with the Pennit (a any modification thereon), Management Plan, or the intent and purposes of this Conservation Easement 8. No Dedication. No right of areas by the general public to any portion or the Conservation Easement Arm is conveyed by this Conservation Easement S. Grantee's Liability. Grantee's Ilabli ty Is limited as provided In Subsection 704.08(10) and Setllon 788.28, F.S. Additionally, Grantee shell not be responsible for any coca or aablibee related to the opts n, upkeep, or maintenmwe or the Cmservadon Easement Area. 7. [;pent Enforcement of the terns, provisions end restrictions or this Conservation Easement shell be at the reasonable dleeredon of Grantee, and any forbearance on behalf of Grantee to exercise ft rights hereunder In the event of any broach hereof by Grantor, shall not be deemed or construed to be a waiver of Gmntw'e rights hereunder . Grantee shell not be obligated to Grantor, or to any other person or amity, to enforce the provisions of this Conservation Easement 8. Iia. When perpetual maintenance is required by the Perms, Grantor shall pay before "Inqumwy any and all tares, aseasmnants. fen, and charges of whatever desalptlarh levied m a assessed by competent authority on ors Conservation Easement Air, and shall furnish the Grantee with aStiefatb'y evidence of payment upon request g. gpelggment Grantee will hold this Conservation Easement axcluslvey for Conservation Purposes- Grantee will not assign b4 rights and obligations under this Core rvaton Easement emept to another organUation or em8y qusMed to hold such trterests under the applicable ante tevm. 10. mitc If any provision of this Conservation Easement or the application thereof to any person or circumcfances Is fond to be Invalid, the remainder of the pwNorn of this ConWvatbn Easement shell not be attested thereby, as long as the purpose of the Conservation Eaesment is preserved. It. Terme and Restridlm:. Grantor shall insert the terms and restrictions of this Conservation Easement In any subsequent tied or other legal instrument by which Grantor divest Itself of any Interest In the Conservation Easement. 12, Written Notice All notices, consents, approvals or other oortunmks0me hereunder shall be in writing and shall be deemed properly given if sent by United States owtftd mail, return receipt raqu latd, eddnesesd to as appropriate party or successor-in-intereet 13. fig, This Conservation Easement may be amended, altered, released or mw*d only by written agreement between the parties hero or their heirs, assign or suxnsom4n4nt reA which shell be gid In the public records In j?i0®L, County, Florida. Fuca 92Stb.WIM-del of Camemtlbn eaernot- MWKWd InaoManbW by lska in peogmph e2 -M 3DI(a)(e), FAC. M&CM db) Paas 3 til to 14. R000miation Grantor shall record this Gonsawation Easement in timely fashion in the Official Records of Qyyk County, Florida, and shall rerecad It at any time Dramas may require to preserve Ib rights. Grantor shall pay all recording Costa and faxes necessary to record this Conservation Easement in the public records. Grants will htdd Grantee harmless from any recording mals Of taxes necessary b record this Conservation Easement in the public records. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terns. condeons, r06ffioti0n6 anti purposes imposed Wtlt this Conservation Easement shall be binding upon Grantor, and shall continue M a servitude running In perpetuity with tote Conservation EaserrantAres. Grantor thereby covenants wmh Games that Granby is WAAdly seized of also Conservation FasemerdAm in The ample: thatthe Comervmm Easement is Rae and dear of all encumbrances that we inconsistent with the Is, of this Conservation Eassmam; all mortgagee and fans on the Conservation Faanrom area, I any, have been subordtafed to dna Camrwtlon EssemnK that Grantor has good rare and awful suthonty to caway this Cwwrvotbn Easement and that I hereby fury warrants and dols ds recotd We to the Conservation Easement Am lareby commyed against tla Inatul cairns of all persona wttmeoa+ar. „�7r'"r Lt3TiG'J:1= r=8�'.`,.�i:]ic-:aa�"�7i..:1�71n.P"?hPl�au] Jti'-aaaaaa� (°Grants' has hereunto set its autl,ozed hand this 22nd day of &" 201@. r Signed. a abd livered to our presence as Mmesses: (Signature (signs re) Nome:i�i1AS)l� T+r�lt sly u�/ Name: ( hint) (prin ` STATE OF FLORIDA on this 2M dry M August 201@ before me, the undersigned notary public, personally appeared jam, the person who subwAbed to the foregoing Instrument as tie MGMR (title), oofgY ehm dns)MW duow❑ledged(MethMata executea Florida d on brporation, or 9efm of wW mrporatlon, or 129 r I.lW Dery Cemoanv (chow one) and the he/she was duly authorized to do W. He/Shs is FarmeY- UM1(a)-0Wof CwMwwfiw Emeses -seeded i=rponewi by rarem"w pwaamph 62-696.96i(sxa). FAC. 9fbtlha CM) Paae40ts so, H he Is pareoneDy known iy me or lm pfodua6 a - dfNer's II IN W RNESS WHEREOF, I hereunto Bet my haat and olfml Baal. N Y PUBLIC, STATE OF FLORIDA .) My Cormiaelon Expirew 5 (.V 2011 __. -__._(slime) wIe3lLlr�mlme S�+Bwr�w +rr...■rrr rnanm�mrm r. Fmm BaJ90.8011B)-OeeidCmewetlmr fiY -Swdw Inmrpm by idem® h pw.9,Wh 82430101(e)(rr), FAG. (Iltllw OW) PBBB 6 o 10 MORTGAGEE CONSENT AND SUBORDINATION For Ten Dollars ($10.D0) and other good and valuable consideration, the adequacy and receipt of which are hereby scknawiedged. F'rsrAtdntic Bank a federal savinos bank ss successor in interest to CenteFBank of Jacksonville. NA ,the owner and holder of a mortgage dated March 9, 2006, in the original principal amount of $$750,000.00, given by Solve Preserve, LLC ('Grantor) to CanterBank of Jacksonville. NA ("Mortgagee'), encumbering the real property described on Exhibit "B' attached hereto ("Conservation Easement Area"), which mortgage is recorded in Official Records Body 13654 at Page 263; Mortgage Modification Agmernent recorded in Official Records Book 14725 at page 1732; Mortgage Modification Agreement recorded in Official Records Book 15110 at page 847 and those certair UCC -1 Financing Statemenxs) recorded In Official Records Book 13854, W Page 285. Assignment of all above referenced mortgages was exaeuled by end be%,ew-. CenterBank of Jacksonville, NA in favor of FlrstAtlantic Bank, recorded in Officle' Records book '�5f'.1 a-. Dage 704 All recorded in the Public Records of Duval Counrl, Florida (sato norwage. modifications a�sipri poen;. and JCC -1 Financing Statements. as moarned. are hereinafter retenat. tc as the 'Mortgage% hereby consents to and subordinates the liar. a its Mortgage, as k has bean, and as rt ma4 be. modified, amended ane asaigrec from time to time, to the foregoing Conservation Easement. executed by Seim Preserve, LLC, in favor of St Johns River Willer Ivisnaeament District applicable to the Consevs:ic-. Easemert as said Conservation Easement may be modified, amended, and assigned trom If % f7n.S w h the intent that the Mortgage shall be subject and suootinece M the ConsanE='.=aseme7. Fwn R-:>aG.30r(s)- Dean M darsevaeor Eaaa M-au!p!ro Moryatebtl ty Rkrarax M pan(fapY, 8Y -33a t(aNa;. F.kC. (Eaw:t. Dahl Peas a d is IN WITNESS WHEREOF, this Mortgagee Consent and Subordination is made this / day of. )rte 203 Z. By, FirstAaantic Bank a federal savtnos bank ignature) (Mortgagee) NamesII-r1 n�7 Title: ZZ --)\31" 7.ice/I/ &L(l (Pint) WITNESSES: 1 f ` (Signature) -{�/^' G /t 't, (Signature) Name: i /LSP ?"XL �Ne If a; Name: LCI' \ A , `e1 (Print) (Print) STATE OF FLORIDA OOUbITY OF DUVAL Ta foregoing instrument was aamwiedg� oefore me this (2 dey 0-- 20 ' 20�,by \fit rr� �'C r. or(print name), as y (trite) of FirstAttantic Bank (Grantor of Mortgage). HatShe is Dna y�ow" n3o me or has produced a ,. _._, (state) tlmei's iicbTW �tficafion. . IN VV7V ESE VV H-0=RECF, I hareunto set my hand and olfidei seal. NOTXRY 7-UBL:C, STATE OF FLOPJDA. FormDose OCMN'16m,, �.o<ne�c-sarc� nmrpaabe by referewc In Mr gmM W-33a.3Q1f8Na7 FAC. tc'!kcYke Dare; Pse 7 or 10 EXHIBFT A ILOCATION MAP] , +r v I.egentl '+ GQE4 G9RONMMR: i1S1+i.0 PMI 6dm0! G8\YE.Y�c. 1.. ;;1: nhY_ FfBSC/f � Dmome. mn -sm 8233C.38,(Bi- �eeC W CorLaarveBm Eaeemen! - S®rrst �nmrpv�ted By re�erenu lr.p:m�cap^.82-sBo.Bo,(BHe;. ..h.C. (_4scBve Jetel hpe80'tt EXHIBIT B [LEGAL DESCRIPTION AND SKETCH OF CONSERVATION EASEMENT AREA] Form W-3mmi(a)-'Daae W Cal wa S a W. slats Inapo Mlelarvas Np 7aW.. Ca -49 M(sNa), FAC.(EHactlro CWI nape8C10 A MAP SHOWING A SKETCH AND DESCRIPTION OF A PORTION OF SECTIONS 16 AND 17, TOWNSHIP -2 -SOUTH, RANGE -29 -EAST. DUVAL COUNTY, FLORIDA, SHEET 1 OF 2 11 ni 1 1 e 1 ACRB5t/- 1 CONS£RYBT/ON AREA 1 11 BIO ab'e�m --r--11 E / II \ SG6 f-'.00 Terry M. Ourden, Fordo PSM #5261 NalVelid Wll*N L,x 1,L.. Mtl pdinal I domed Seel . R FIOREo li_ , Su�x r h Wppr ,••• ' a(%gym � wv ar[oJ M^' 1 1 � I I 1 1 w" 1 1 a. 1 1 Qt ` w � \ 1 y�r J1 -- 1 1 1 1 w 1 1 1 1 ---1 I --- 1 I vpp��'11 I al lII1 1 I I \ 1 Idd, p v m 1 yv NA9 �YN6Np'£N6Nf ,••• ' a(%gym � wv ar[oJ M^' A MAP SHOWING A SKETCH AND DESCRIPTION OF A PORTION OF SECTIONS 16 AND 17, TOWNSHIP -2 -SOUTH, RANGE -29 -EAST. DUVAL COUNTY, FLORIDA, SHEET 2 OF 2 PARCFI OFSPRIPTION P PURTMIN OF SECTIONS 16 AND 17, rDVNSHIP 2 SMITH, RANGE 29 CAST, WVAL COUNTY, FLORIDA. BEING A PORTION OF THOSE LANDS ASCRIBED IN OFFICIAL RECORDS VOLUME 8373, PAGE 620, OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY, FLORIDA, AND BEING MORE PKKTICULNiY DESCRIBED AS FOLLOWS. FOR A POINT OF REFERENCE, COMMENCE AT THE INTERSECTION DF THE WESTERLY RIGHT OF WAY LINE OF SEMINOLE READ (A 100 FOOT RIGHT OF WAY AS HOW CSTABLIS1ED)1 THENCE SOUTH 83'4200- WEST, ALCNG THE N THERLY RIGHT W WAY OF SAID HTH STREET, A DISTANCE OF 30000 FEET TO THE SOUTHWESTERLY CORNER OF THOS[ LANDS OSCRACTI IN OFFICIAL RECORDS BOOK 528, PAGE 283 Or THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY, SAID POINT BEING THE POINT OF BEGINNING. THENCE CUNTINUE SOUTH e]V2'00. VEST, ALONG LAST SAID RIGHT OF WAY LINE, A DISTANCE PS 1313.49 FEET, THENCE NORTH 09.01 v5' VEST, DEPARTING SAID RIGHT OF WAY LINE, 1958 FEET, THENCE NORTH 13.59'3' VEST, A DISTANCE OF 2804 FEET, THENCE NORTH 0618'W' ART, A DISTANCE OF 5518, THENCE WORTH 37'4311' VEST, A DISTANCE UPyl2321 FEET, THENCE NORTH 0EAST, A DISTANCE OF 9789', TXEMC NORTH 29.1548' VEST, P BSTANCE DF BIAS FEET, THENCE NORM PH -H.- VEST, A DISTANCE OF 15)72 FEET, THENCE SOUTH 814280- VEST, A DISTANCE OF 582 FEET, THENCE NORTH O'FAl VEST, A DISTANCE NO 7797 FEET, THENCE NORTH )B'ER'N' EAST. A DISTANCE OF 3 3 FEET, THENCE NORTH 1497'09' EAST, A DISTANCE OF 52.30 FRT, THENCE NORTH 03.30-06' WEST, A DISTANCE OF 1895 FEET, THENCE NORTH 21.3224' VEST, A DISTANCE O' 19.75 FEE. THENCE NORTH 319714' WEST, A DISTANCE CF W27 FEET, THENCE SOUTH 70'BY1' VEST, A DISTANCE OF 6151 RET, THENCF NORTH 49'17'16' VEST, P DISTANCE OF 10062 FEET. iPENCE NORTH IP56W- VEST, F DISTANCE OF 16000 FORT, THENCE NORTH 03'58'33' EAST, A DISTANCE OF 0-]0 FEET. THENCE HEATH 11.5650' VEST, A DISTANCE OF 6506 RET, THENCE WNTX 78'03'10' CAST, A DISTANCE UP 262 FEET, THENCE NORTH 1156'50' VEST. A DISTANCE O 8p ( FEET, TO A PONT B4 THE SOUTHERLY LINE UP THOSE LANDS DESCRIBED IN OFFICIAL RCCWDS VOLUME 7910, PAR 958, OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY, THENCE NORTH 789}IV EAST, ALONG THE SOUTHERLY LINE OF SAID OFFICIAL RECORDS VOLUME 7910, PAGE 958, A DISTANCE OF 209.71 RET TO A POINT MR THE WESTERLY BOUNDARY LINE OF EL MARINA UNIT N0. 4. AS RECORDED IN PLAT BOOK 30, PAGE 28, OF THE CURRENT PUBLIC RECORDS M SAID DUVAL COUNTY, THENCE SOUTH 16.17'To' EAST, ALONG LAST SAID LINE, A DISTANCE OF 17956 FEET, TO THE NMI HEATHERLY CORNER DF IHDSC LANDS DESCRIBED IN OFFICIAL RE CORES BOOK 17, PALCS 1%, 197 AND 198, OF ixE CURRENT lefel RECWDS M SAID OOVAL COUNTY, THENCE SOUTH 1156'50' GSI, ALMG TME VESTCRLY LINE OF LAST SAID LANDS, P DISTANCE OF 26352 RET TO THE POINT OF A CURVE TO THE RIGHT, SAID CURVE BEING CONGVE WESTERLY, HAVING A RADIUS OF 023583 FEET, THENCE ALDNL SAID CURVE, PN MC LENGTH OF 40775 FEET, HAVING A CHURD BEARING AND DISTANCE OF SOUTH W'Hear GST, 407. FLET TO THE SOUTHWESTERLY CORNER OF SAID OFFICIAL RECORDS BOOK 77, PMIS 1%, IW INA NAL THENCE 102TH All DO- EAST, ALONG THE SOUTHERLY LINE OF LAST SAB LPNOS, A DISTANCE M 2580 FRT TO A POINT ON THE WESTERLY LINE OF SELVA MARINA UNIT N0. 3. AS RECORDED IN PLAT BOOK 29, PAGE 2T, OF THE CIRACAO PUBLIC RECORDS OF SVD DUVAL COUNTY, THENCE SOUTH M'IB'0' EAST, ALUNG THE WESTERLY LIK OF SAID DOWN MARINA UNIT NO 3 A DISTANCE OF 110.00 FEET TO A MINT M THE NORTHERLY LIRE OF THOSE LABOR DESCRIBED IN OFFICIAL RECORDS DOW 520, PAGE 283, THENCE SOUTH elVEST, AL MC THIS NORTHERLY LINE OF LAST SAID LAHOS. A DISTANCE 6 BIDS FEET: THENCE SOUTH A698)M GSI, ALONG THE WESTERLY LIMA M SAB OFFICIAL RECORDS ®K We, PACE 283, A DISTANCE M 40M FEET TO THE POINT OF BEGINNING CONTAINING 381 ACRES, MORE OR LESS. NOTES: THIS SKETCH RAS PMWM WITHOUT THE BENEFIT OF A THE IBSIRM:f. 2) ..I NO BASED ON ME xS HFAl 9OIT-Or-Yr . OF 118 STREET U042'00" N) AND REp TO THE PUT OF SELVA MNKDM MIT 1 W➢ K 44 PACE 23A, OE TO THE FCDAIxG: 3.)PREPMHNG THIS SKETCH REFERENCE RAS WU A) BOUNDARY SURVEY PREPARED BY ASSaIATED SUMEYS INC. PRarCT NUMBER 6571SPROY, CATHED 11/34/BOLAS. 4.) THE DESCRIPTION SECTION HEREON wAs PREPARED FRDM MIs SKETCH s.) ASO MNE K0( RE GIB SDW 6 � PBO SIEMENS NMAIN LIMI ELEVATION VERTICAL CAIDM OF 1929). NUMBER 2051Go409µ NOTED 6/6/2013. SHEET 2 OF 2 No: 16-3466 GEOMA�(�■,.F�T� CORPROJECT TICS RP. DATE: OCTOBER 300 3016 SURVEYING -MAPPING -GPS CAD HIL: 16-2466 CONS SKETCHISK TRRf, Off 101 204 N. BOER 6AAAS AUGU411FE,rRI 30G CHECKED BY: T. OURDEN wil waw. Iw+1 m-s>v Terry M. Curden, Florida PSM /5261 LICENSED BUSINESS DRAWN BY: A UND Not V eu[ The siOnWun MA pDGIN RuifeJ ARID wORc AWA Seal 01 ASI roll, Ulware6 SLAWN, t Wepper BTM MD. [Y01MA <A, 1. PROJECT No 9-16-3466 EXHIBIT C ;he wetland creation, restoration and enhanoemmt arms will be periodically maintained after planting to remove exotic and/or nidsance speces that may invade the area. Maintmance events will o peiodimIly on an as -needed basis. Generally, such events will be more frequent following the initial planting effor, deceasing in fiuNmcy as the mitigation areas become established and coverage is evident Maintenance will ensure that no greater than 10 percent coverage by nn:aanrp species oi=ns. .=axm azaso.soiml- Daae w cmw.xa.>r: 01 -Si nl ln=pa by r9IIInII+m In pwnrwh sz.ssu.soltasa;. =.AC. ra.� DMPq 10 of to Denise Hallmon Rowan & Associates, P.A. 1002 West 23rd Street, Suite 330 Panama City, Florida 32405 Phone: 850.215.4155 Facsimile: 850.215.4158 www.dhrlegal.com December 9, 2016 TITLE OPINION FOR CONSERVATION EASMFNT LOCATED AT SELVA PRESERVE, LLC This opinion is provided to: Salva Preserve, LLC Attention: Laura Fermate 246-3 Levy Road Atlantic Beach, Florida 32233 1, Denise H. Rowan, am an attorney licensed to practice in the State of Florida and I have this 7th day of December, 2016, examined title to the following property: SEE EXHIBIT "A" ATTACHED HERETO FOR LEGAL DESCRIPTION (the "Property") Title to the Property was examined based upon that certain Commitment for Title Insurance issued by Stewart Title Insurance Guaranty Company effective November 14, 2016 (the "Effective Date"), which covers all public records on file up to and including the Effective Date, and my review of public records. Based solely upon my examination of the foregoing, and assuming the accuracy of the information contained therein, it is my opinion that the record title to the Property is vested In Selva Preserve, LLC, by virtue of that certain Warranty Deed recorded at Official Records Book 13654, Page 260, of the Public Records, Duval County, Florida (copy attached hereto). Said record titleholder has a fee simple title thereto, however, subject to the following encumbrances or qualifications: Taxes: For the year 2016 and subsequent years although not yet due and payable until on or after November 1, 2016. The 2015 taxes have been paid. All taxes due and payable at the time of final plat recording have been paid. Mortgage and Security Agreement executed by and between Selva Preserve, LLC, and Centerbank of Jacksonville, N.A., recorded in O.R. Book 13654, Page 263; in the Public Records of Duval County, Florida. 3. Mortgage Modification Agreement. executed by and between Selva Preserve, LLC, North Florida Pioneers, Inc., Laum L. Ferrante, Robert H. Hendricks, Robert E. Pene% Peter J. Rodrigues and Centerbank of Jacksonville, N.A., recorded in O.R. Book 14725, Page 1732, in the Public Records of Duval County, Florida. 4. Mortgage Modification Agreement, executed by and between Selve Preserve, LLC, North Florida Pioneers, Inc., Lam L. Ferrante, Robert H. Hendricks, Robert E. Parrett, Peter J. Rodrigues and Centerbank of Jacksonville, N.A., recorded in O.R. Book 15110, Page 847, in the Public Records of Duval County, Florida. 5. Uniform Commercial Code Financing Statement Form, executed by and between Selva Preserve, LLC, and Centerbank of Jacksonville, N.A., recorded in O.R. Book 13654, Page 285, in the Public Records of Duval County, Florida. 6. Assignment of Mortgages and Other Loan Documents, executed by and between Centerbank of Jacksonville, N.A, and First Atlantic Bank, recorded in O.R. Book 15811, Page 704, in the Public Records of Duval County, Florida. 7. Recorded Notice of Environmental Resource Permit in favor of the St. John's River Water Management District, recorded in O.R. Book 17367, Page 2089, in the Public Records of Duval County, Florida. 8. Easement and Flood Plain Compensation Agreement, executed by and between Salva Marina County Club, Inc. and Selva Preserve, LLC, recorded in O.R. Book 17486, Page 832, in the Public Records of Duval County, Florida. 9. Grant of Drainage Basement in favor of Atlantic Beach Country Club, Inc., recorded in O.R. Book 17486, Page 837, Public Records of Duval County, Florida. 10. Grant of Drainage Easement in favor of Atlantic Beech Country Club, Inc., recorded in O.R. Book 17486, Page 846, Public Records of Duval County, Florida. 4155. If there are any questions concerning this title opinion, please do not hesitate to contact me at (850) 215. Respectfully submitted, DENISE HALLMON ROWAN & ASSOCIATES, P.A. Denise H. Rowan, Esq. Fla Bar #: 0564532 1002 West 2V Street, Suite 330 Panama City, Florida 32405 Licensed in Florida and Georgia *Attachments (encumbrances listed above) Denise Hellmon Rowan & Associates, P.A.1 1002 West 23rd Strcel, Suite 3301 Panama City, Florida 32405 Ph one:850,215.41601 1.: 850.215.41581 wwwAhrlegal.cam A MAP SHOWING A SKETCII AND DESCRIPTION OF A PORTION OF SECTIONS 16 ANO 17, TOWNSHIP-2—SOUTH, RANGE-29—EAST. OlNA1 COUNTY, Ft ORIOA, SHEET 2 OF 2 F 19211. 16 SCCIIONO I6 . n, 1wNSNIP 2 Lm H.. RMYE 29 uxl. W VRL Y, FLONIVAIN6N POInM Dr ]NOSnn E LONOS ...HKD IN p'a WCWDS V0.NI` 9333 RLL AGE 10, R 1K LWRENT NUIC RECORM Of UIO (WN. Ctl TY, IOT, 9. KINE KNE P.THlUT 1Y KSCRIKO NS Rx IRKS NOTES I) TPR 51(EiM wns E4P.VY➢ UNNDOT THE KMJn 6 TI mLE OMIRKI. ]) NOT. R4D ox ile YAIIC16r ItlM-CI-Mr IlC IR InH BS1Kt� WN 42 2 DO' N) MD 3]N. SFA 70 THE M Of lllY 1Iw91R uM l.) Pp[PMMINC ix5 "NEN"' "T"NO-CE W/S WOE TO O2 fOLLOMNG'. �uM�N6WSHAOY,Y MROP�1/}{/}ASIDCNTED..I INC, p Cl ll 0,) ME OESCRPIICN !HT. HLAEON W.CS PNEIA THEN iW5 Sx[1[M ..IN 10 THE OM4. 06 KB .1, OE AmxO PgP[Rtt 6HCM O ]W[ 1E V. ItWE aMttYM 6 TER. x.Tgw cEWETrc VENI DeTUU OF 1929), NNMKR 12031CWMH, MIED 6/6/2Di3 GEOMAnCS CORP -N60 MIF: O 6ER G, 901b SURVEYING -MAPPING -GPS eew x. NNnI 6TR64'R, uNR IE6 p0 {e[, t6-Nb6 [IX6 SNFICx. wEMFo er: 1. oMrcx DMWH By n auD - .Lucusnxe. pC S�4 IMI '1 mr-MR rY INII tll-flm ORNe[0 BVSIM69 u�� muni �� laxmr°m°uSL'v°x rW w=m uMuxL Lw pm _ terry N Durtlel4 Fbrltlo P54 p5461 Wzwux w x zy..N.. Na arHm�l..d r.I a � i4.we uNUN s1...y> PRMCI Ne: 8-16-2e66 A MAP SHOWING A SKETCH AND DESCRIPTION OF A PORTION OF SECTIONS 16 AND 17, TOWNSHIP-2—SOUTH, RANGE-29—EAST. DUVAL COUNT, FLORIDA, SHEET I OF 2 ® ,r 3.O! ACRS ,/ Terry M. Dur6en, Florida PSM #5261 ,_1 �M L1fIORJe ll .d Smvya . Yupa. 1 1 _ I — 1 1 w 1 � 1 '°"p• F 1 x\ 1 ® ,r 3.O! ACRS ,/ Terry M. Dur6en, Florida PSM #5261 ,_1 �M L1fIORJe ll .d Smvya . Yupa. Login Is br County Shut Only Foos T, Sound, 8640DI12LEI o", w•�=am• Account Detail P,oa.ny n. P,.h Seerm Raauue T•reml. ,.. sa.,rn Pay Current Tutu Important NOUC9 Property Ty" La.t the " O cnli..non GM1 mam/mmNbn amYManxsln6nn rot mnWLN..11le xvMaM.hoUN sides nllM... wan mm wary neaadlbml oyUon: e.lamesmall NOT display an Nk xeMlb: uninad cane. ImM16m.M.amunw e. a.metleoceunde. T,. coll.ao, xome "16- $5,124.09 To sands W4aM camera.nonsexual and anal<xampno,fuleled INm fund V, in. PrcpMy Aptudeera Olnu won n«n addW m do Tax Cokdarseotionew Treemesempionnaxaxdcansareno rle WeeMMal online. Tnex wnrypea strianwalVad at Ore cwR d CounT waww wwwdwalDl4lyk.Dom PrespeRy La account De it Pay Current Tutu AcoouM Property Ty" La.t the " I Sated a payment 1120"41100 REAL ESTATE 11/18/2016 4:25:30 Per oyUon: N.Nm, yxyvs% 5rney, "16- $5,124.09 SKVA PRESERVE LLC OATH Sr 32233 SELVA PRESERVE LLC 14e-3 IEW RD ATIANTI40Eao1, FL �B 4 7 AOO TO CART 32233 MOO Affiel Cede ham. COM f0.00 US03 1333228.0000 9ELVA PRESERVE LLL $o.W Pay Delinquent Tams _ LpM 0.dorathm I 16-25-29E 1.01 PT 4DVT LOTS 2,3 SEC 16 28-M, PT CAVI LOTS 1.5 SEC 17-25- No delinquent payment due for 29E RECD O/A 13654-360 tits .1tont. Pillars. and Demolxbn Liens Cert: $0.00 Nulsma, PM Camdtbn Liens are NOT Indudnd In the Property Tax MIi. Thula lens must Oe paid esparaaN. Pleme all (904) 255-1000 for Information ag.mw9 Mex sPeNlc two trim. W Nu alma Or myrmidon Liens Found Presem Tex 981. Tex your folio Brunettes. Amount Due 2016 1343223.0000 SELVA PRESERVE LLC $5.124,49 2055 134I579A000 SELVA PRESERVE LLC 90.00 �B 4 7 1335111.0000 SAVA PRESERVE LLL MOO 1333486.0000 SELVA PRESERVE LLC f0.00 1Di2_ _ 1333228.0000 9ELVA PRESERVE LLL $o.W Tafel $5,124.49 rax V., I F.".301 Owner xpme M nt Ow 1 133P9.00DD SEL,VA PM5 VE LLC 90= i010 1331501.ODOD 6ELVA PRmmE LLC $0.0 1009 133269240DD SELVAM MERVE LLC SO.DD 3008 1331%2.0000 SELVA PRESERVE LLC $0.00 3008 1301SMOM OENN KEVIN W UAL $D." 3009 12981364000 BENNETT I N W UAL $0.00 3006 1290913.0000 MNNUT KEVIN W UAL S0.D0 1000 1290913=00 B NUT KEVIN W ET AL O.00 1999 12909134000 "NUT MM W UAL $U4D 1888 12909134000 6 NUT KEVIN W UAL $0.00 Todd 58,124.49) UnpaW To. CBrxxodF NO Rl FOuM .p IVM 2016 W".. RWbx Privea 61a1Men� Te,me 011be v„ ✓^�'Vs,sswm A6S=svP1 ns , wW 0,. wNaome Ropeny {q Surte nnOmle nn seemn Looe eu4.rova iee snrt6 COnwllon Gn n. con.no. rvome 2016 BIII Detail ALToutlL PetAR PHM 6111 MNPerIV APPrSbs Lpeln 6 MCpunry etenonry Lryln TN3 A.66nW I Tallrq Aut110rNY AKPYM I P PWtr Tyq veer InC27-0100 PEAL ESTATE 2016 MPNM Adwd$w SlT2l5; SELVA PPPSERVE LLC 01191 ST 322.33 2963 LEVY RD I Ameamt6w ATIANTIC B M, FL $5,336.01 32233 CITY OF IACNSONVILIE ff'enpIMIM MNr9P9 Cb Nsmwcode $2,063.00 NSD3 TDA NpN Sbt. Cede sut r165wP6 0 52,063.00 5040 Legal peecrlptlon 16 -M -29E 7.051 PT GOVT LOTS 2,3 SEC 1625-29E, T GOVT LOTS 1,5 SEC 17-25-29E RECD 0/R 13659.260 •DN6 I Tallrq Aut110rNY wFwW I Vm6M I M1I= I T6A p6di I IMdrtlt I PIK Wt A not I Ameamt6w $5,336.01 1002 CITY OF IACNSONVILIE f3,061.Op 50.00 $2,063.00 6.15120 $16.02 2001 ST JOHNS RIVER w MGM GIST 52,063.00 5040 $2063.00 0.26650 $0.60 9001 RINLWD MVICWnON $2,063.00 $0.00 52,063.00 0.03200 $0.02 6009 0503 -ATL BEACH $2,063,00 $0.00 $2,063.00 3.22650 $6.66 2001 SCHOOLS $761,221.00 $0.00 $781,221.00 640II10 $5,31346 iMel1 Im.6022 $51636.01 Nen M-VMenrM No NO M Velw Asse55m t MMMS Fp d If nld 6Y T... I p6di I IMdrtlt I PIK Wt 1 lF Pala 6y I Ameamt6w $5,336.01 lD.00 $040 ($21352) 11/30/2016 $5,12649 $5,338.01 $0.00 $0.00 ($160.19) 12/31/2016 $rImA7 65.338.01 W40 50.00 ($106.76) 1/31/2017 65,23125 $51336.01 $0.00 $0.00 ($5326) 2/2912D17 65,259.63 $5133S.D5 $0.0D 6D40 60.00 2/31/2017 15,336.01 Payment NY , No PSYMSntR M$fount unwle U. ceM1lNo@s No R,ordl Found CAry0pM3016 by TM on Reulerf Prnmv Sblemen Tame Ol Ube mi SELVA PRESERVE LLC PrknerT BRe Add a pRldid Record Back/Page Too AS 248-3 LEVY RD 011TH Sr 1365400260 9416 ATIANnC BEACH, R 32233 AU1dk Batch R.32M 011TH IT Property Detail Value SUM MI aL a 17=41M CMM 7acplRtl6 160] lam E �_ —. _ aoaova_M_m na<2oAR� $an a daalMilas 0 1362,Rlm Vaam 10.m Spm 'Legal Dago $)11,2]Im 5]11[,221, _. I,roaluglmRbn ceInv - - ------- 02,169m SugarsLlon 44440 SFCPION IN1 $M%2m/$LW 1 TalM 32300] See ai The who of the Progeny may MA In Meller ProwrW o. For moo mformrtim 4o pSen, per i�CF Iltl PN jjyaallM.'M Rpprese pppaly NNRa, pcmggM Mp pTGr wPPotlw IniPrmaMu on be peps Me pot of Me ooklnO M noting are wblect to cbar4e. hrmetl whim IIskG In Me Value Summary ere thou ,MW In OCober, but may Inc4de be, —_— Valw Method CNN CMM TObleulMlnv VeN 0m lam etlu TwtaM Value 0.06 $an Yad Value (rYMu1H ney221m 1362,Rlm Vaam 10.m Spm m tftd ovae $)11,2]Im 5]11[,221, augauwd value 52,3.00 02,169m COM/NNMRY $MIAW/00.00 $M%2m/$LW Eaaaudbm 0.00 See ai Teubovow $20100 Sagbeba oaMal change' mak ift" cedaxavor, procere, icunamMI. Taxable Values and Exemplions — In Progress' 'i if then are wexemWont rima oto acne, wlhwlty, Me Teii", Valve Is Me utas ea dnr A gi Velw IIMN above In the V.I. Summery two, County/Munldpal Taxable Value SIRWMD/FINDTauble Value School Taxable Value M applicable ealmptblts No applicable exemptbns No applicable exemptions Rales Higilrv'. J a9elr/app 13661.1)0}60 Wle bele 11622006 a Prlag WD-WenenW peep ( Ouened Vaerm/ImP1aNd Veom f1m0.00DA0 (AW1996 $12$Oo.UO 5W-s'nal Wenem 0, uelln. Vaam m3909155Z 5/10)1996 =1000.00 VN-Wapamyoed Unpuelaed Vemnt Q19f�21L 519119% !35,000.00 WD-WanaMy peep Ypuallne Va¢m LOplp FapA 12/31/1986 !103,100.00 ND. wertemY Oeetl Ippwldetl Ve¢m Ral629YS1 12/9/1Ml 5180,000.00 WD-Wartmty Oeetl UnpMmM Veone MIIO On SAIllaN $100.1)0 ieS.NtrelWeou➢ Uwlelded ],paned Extn FaNurec I rvP arta louN aw Ma MCWn Lend A. Legal' ro umm j IN Use omwlplm LOplp FapA cwMr uMR9rr awe Una"Id01i5r 1eMVaIW 'M 9601 JUM5OIC00nNVATAIeDS MIO Om .0.00 common 1.n Auagp6 31�21m 1 143529E Mml 12 On IR 005 7UMISPERe MIIO On X0.00 Common 3m or $7ali3OmAO 2 If GOVTlp153,]SEC Ia]529E, 9 RGOyfIA15IS SFf V-2S29E 4 REMO/Rll65430 ♦: olMlags L J No data found for this section Undue plea B[ Assagaee VaYM fousnabag T bag valor lealvam PraegsM Raaedhh 4nGa BexM1n 42,06300 0m $2,06], lIS.M f1a82 511)8 Seek wwsd By 6Re 1vv $2,30), 0.00 !281.221.00 0m3.n 13.552,68 13,620.18 BYtwalOwrtl 52,06100 0m $MIXIM !1,756.18 $1.256.18 14691.0 R IMeroMeMpelbn ONC S2MW 0m s2,M5m SOm M02 Sam 6dagNe BMC. $2,3.00 $a.m nAl $6.21 M.n 16.55 Warier Man Obb SIRWMD $2pW.00 $0.00 $2063, $052 0.60 0m wnG Vttcd $2,011 $O, n,300 $11.01) M.00 Mm Scrool hoed W"ed $2,063.11050.00 !11,221.00 $0.00 $am W= U'ten SeRxG dui 412,161.00 50.06 12,3, $0m 10.00 Sam 2016 TRIM PrppeNv 0.ecoM CDM fPRCI This PRC reflects property details and values at the Ude of the original maRng of the Nodous of Proposed Property Taxes (TRIM Netkes) M August. Property Record Lard (PRC) The PRC accessed IRIRW mpectIPMPerb detelh W values at the Um of To, Roll [CrtlRatlon In October Of the year listed. 2435 2414 2414 • To obtain a hBtork Property p Card (PRC) frown the Property Appraisers Office, submit your request here: More Information emeauIP.mclTa.PneI41<MeoIPxou,rbaec_ mrblatvrtesaemm DOC 1 2006403548, OR BK 13654 Page 263, Number Pages: 22, Filed g Recorded 11/21/2006 at 10:32 AN, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $188.50 MORTGAGE DOC ST $2625.00 INTANGIBLE TAX $1500.00 i I ftps,od:ry R Olen Abridge. Eagm¢ I owka While Boggs Osaka P.A. 50 Nrmh i.aua Socri. Suit 2200 lack�osv,ilc. Fluriru 32202 Return to Cmtergerk oflackeencine. N A. 13:5 Hendricks Avenue hukwnvile. Florida 32207 Ohganisntion Identification No. L06000103350 � MOMAGE A14D gEC1i1TR' AGREEMENT THIS MORTGAGE AND SECURITY AGREEMENT ("Mortgage'), is made this 9a day of a November, 2006, by SELVA PRCBCRVE; IA.C, a Florida liroiled liability oanpmy, whose address for noticee is 248-3 Levy Road, Atlantic BawA Florida 32233 (hersirofla referred to sa the "Mortgagor") I and CENTERSANX OF JACI(SGNVB LE, N.A., a rational banking association (berebufler retained m as the "Mtrtgagen"), whose mailing address is 1325 Hendricks Avenue, Jacksonville, Florida 32207; WMESSETH: In consideration of the Noma due under that certain promissory, rote of even date herewith made by Mortgagor and payable to Mortgagee in the principal am of $750,000.00 the final Paymml of which, according to its tans is due on the esrher of (i) ON DEMAND or (ii) November 10, 2008 (hwoirufter referred to as the "Not") and all other some of money secured hereby, the Mortgagor does hereby grana, bargain, sell, alien, remise, release, convey and confirm unto the Mortgagee and grant 10 the Mortgagee a security interest in all those certain places, percale or trade of land, of which the Mortgages is now seiad and possessed and in actual possession, situate in the County of Duval, Stat or Hands. described as follows (the "Land'): SEE EXHMIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF, fogetftr with the following: (a) All buildings, structures and older irnprovemenu of my nature now or hereafter located or assured in whole or in pad on the Lend or the Appmmmoes regardless of whether physically affixed hercto er severed or capable of severance therefrom ( the "hnprovcmmu"). (h) All additional lands, real property, issues and development rights hereafter acquired by Mortgagor for we in correction with the Land ed the development of the I.ad that may, from time to time, by supplemental mortgage or otherwise be expressly nude subject to the lim of this Mortgage (c) All memmts, rights-of-way or use and all other rights of any nature whaaoever apPiatmnm t to the Land or the Jmprovecats, or both and all strips and gores of lad, stews, ways, nHeys, passages, sewer rights, drainage rights, water nghte, air rights, oil, gas, minerel, riparian, littoral and development rights, whether now existing or hereafter arising, all rights of ingress and agneas to the Land sad all adjoining property and my improvements of Mortgagor new or hereafter baled on my of such real property and interest therein and ell ewtes, rights, litics, interests, privileges, liberties, servitudes, ter mcnts, heradftammts and appurtenances of any name whatsoever, in any way now or hereafter belonging, relating or pertaining in the Land and improvements and the reversion and reversions and renainder and remainder thereof and all right, title and im eest in any land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Lad and all homestead and dower rights, rights of property, pasession, claim and demand wheitsowa, bath at law and in equity of the WQ412 OR HR 13666 PAO3 264 Mongolic, in and to the fend and Improvttmelas, end every part thereof (the "Appurtenance") (d) All right, title and interest of Mortgagor in and to all machinery, equipment, futures, inventory, goods and all other tangible personal property of every kind and atum whatsoever now or heraQtt owaad by Mstgagor, or in which Mortgagor now or bemafter hoe m imerost, aM which ere now or horeefler (i) located, attached or affixed to the LW, hnprovs,mmts or Appurtcamea (ii) loafed upon or about the fend. Improvements and(or the Appurtenances, regudiess of whether pbyeially afHxcd thereto or savored or capable of severance therefrom or (iii) used, unable, invaded to be used, necessary or adopted for she pmemt Of future construction, use, operation or occupancy of the lA d and Improvemmts, together with all replacements, repioNshmants, subaNmtions, additions, rooeadaa, Products and Proceeds thereof the property sod interval described in and encumbered by this subparagraph are hereinafter referred to as the "Personal Property" and includes, but is not limited to, all machinery, equipment, Apparatus, systems and material of every occurs, ab description for lighting, h caling. cooking, mfrigmtmg, Plumbing, vacuum cleaning, ah conditioning, heating, the transmission of sound; fins Prevention and extinguishing, including dl sprinkler synerns; all motes, engines, dynamos, ganer&rors, boilers, pumps, tads, duct, fixmma, fittings, elevators, switrMards, fimmium and furnishings; all i it mage and recreational amenifies including, without limitation, all swimming pools and aseaciatod equipment and supplies, exercise equipment, lermis courts, clubhouse f nvidungs and munae; all laundry equipment; all building materials; all office equipment and office supplies; all fumaces, stokes, stoves, Kamm, millet, fuel, reftigmton, kicchm alines, bathroom flames and aquipmomt, awnings, window mroms, window shades, vemetion blinds, careen doors, combination windows, and combination dem, storm doom and nonan windows; all radios and Wevision ser; employee', uniforms, supedwadent and janitorial supplies, carpus, rugs and other Floor coverings. The counterman of any specific isms or articles of Property shall not exclude any items of property not specifically mentioned. (e) All right, fitle and interest of Mortgagor in and to all laass and other agreements affecting the see, enjeymmt or occuP&rny of ail or my part of the Lnd, bnprovemms or Appurterences (the "Lewes"), whether now existing or herafter arising, whether edered into before or after the filing by err against Mortgagor of any petition for relief under I I U.S.C. N 101 or seq. (the'BaNsuptcy Code"), as the same may be amended from timer to time and all smendrims, modifications, raplaoem ils, substitutions, extensions, renewals and consolidations thereofand all right, title and interest ofMongagor, its successors and asigm therein and thereunder, Including, but ON limited to, all ria, income, isua, revenues and profits (including all oil, gas and other mineral royalties and bonuses) in my manner &rising from the Land, hlproVemenfe, APPtmeremees, Peramel Property, or any combination thereof, all security deposits, ash, securities or other property deposited, issued or pledged thereunder to secure the performance by the losses of their obligations dmersoMi whether paid c, accruing before or after the filling by or against the Mortgagor of any petition for relief under the Bankruptcy Code (the "Rens") and all proceeds foam the sale or other disposition of the Leaa aid the right to receive and apply the Rom to the indebtedness secured hereby, resa ving, however, to the Mortgagor for so long m the Mortgagor is not in default hereunder, the right to receive and retain the Reds subject to the other lams and conditions hereof. (p All judgements, proceeds, awards of damages, payments and smloni including interest Unseen, which may haruofoei or hereafter be made resulting from condemetion proceedings of the Wring of the Lend, Improvement, Personal Property and Appurtenances or any pan or combination thereof under the power of cmfnmt detain (including, but not limited to any convaymcc: or uwfer sada in lie or in anticipation thaeoQ, or for my damage (whether cooed by such taking or otherwise) to the Land. the Improvements, Personal Property or the Appurtrnanca or any part thereof, including IM432 OR BE 13654 PAGE 265 any award for clump of grade or treats and any other injury to or decrease in the value of the Land, Improvements, Personal Property or Appurtenances. (g) All prococds of and any unearned premiums on any insurance policies covering the Land, the Im rovemerns, Personal Property ad the Appunmarri s, or my pan thamf, including, but not limited to, the right to receive ad apply the proceeds of any insmartce payments, awards or judgments, or settlements made in lien thereof, to the repair of the dmprovernrnls or to the indebtedness secured hereby. (h) All refunds, rotates and credits Issued, made or ordered in connection with my reduction in real sedate taxes and assemmmu made changed or levied against the Lend, improvements, Perwnal Properly or Appurtenances m a rsuh of tax certiorari or any application or proceedings for reduction. (I) AN right, title and interest of Mortgagor in and to all Inde nanss, project nates. Indemarb, servictmarim logos, copyrights, goodwill, slogans, and books and moords specific to or used in correction with the operation of the Lad, Impmvernmu, Panonal Property, Lcems and Appurtenences, whether now existing or hereafter wising. Q) All right, title and interest of Mortgagor 4 to and uda any and all agroemwtls, contracts, anifistee, inetrumm4, franchise, permits, licensee, plans end specifications, written a oral, express or implied, and now existing or hapfter entered into or arising, respecting, pertaining or in my manner rotating to the use, occupation, comruclion, development, management, operation, sale, conversion or other disposition of the lend, Improvnnen4, personal Property, Apptmenuss, L.easea and Rents, or my pm or combWtion shnmf or reentering my business or activity co dimd on the Lend a my pan thereof (the "Contract Rights"), including, but not limited to, all right, title and interest of Mortgage in, to and under all franchise agreements, tanat lessees, sales contnele, reservation deposit agremnenis and my and all depaits, prepaid items, and payments due or to become due mcrecon and themunda; and elm including, but not limited to, all comment and agreements relating or peneirdng to maintenance, on site security series, landscaping saNicea, building or project manegemmt, marketing, lensing, galea and janitorial services; Mortgagor's interest as leasee in and under all equipment Imes, including telecommunications, computers, vending machines, model furniture, televisions and laundry equipment; ad Mortgagors interests in construction and development contracts (including architectural and mgineaing plans and specifications relating to the Lard and Improvernmits), service contracts, use and access agreements, advertising contracts and purchase orders; and all governs mW or quask . governmental approvals, permits, licenses, certificates, devcbWer rights, vested rights misting to concurrency and under any Planted Unit Development and Uevelopmem of Regional Impact, and my j other project, zoning or lend use approval whatsoever. Notwithatanding the foregoing, Mortgagec will out be bound by any of the obligations of Mortgagor under any of the foregoing cemracts uNese and will Mortgagee elects to assume my ofauch contracts in writing. (it) All proceeds of the conversion, whether voluntary or involuntary, of my of the foregoing including, but not limited to, proceeds of insurance and condemnation awards, into cash or liquidation claims. (I) The right, in the name and on behalf of Mortgagor, to commence my action or proceeding to protect the Weimar of Mortgagee In the Land Impnovemmts, Personal Property, Appurtenances, Leases, Rets and Contract Rights and to appear in ed defend my action or proceeding bmughl with respeel to the 1.end, Improvements, Appurtenances, Leases, Rents or Contract Rights. I 1902432 OR BK 13654 PAGE 266 (m) All contract rights, commissions, money, deposits, certificates of deposit, liners of credit, documents, instruments, chattel paper (whether tomeble or electronic), moms and general intangibles [as each terms aro defined in the Uniform Commercial Code u adopted by the State of Florida m in effect from time to time or under the Uniform Commercial Code in fora from time to time in any other State to the extent the some is applicable law (the "Lhdform Commercial Code•)) now existing or hereafter entered into or arising, respecting, pertaining or in any manner miming to the use, occupation, conspugien, dovelopmant, management, operation, odc, convcnim or other disposition of the l.ud, Imprnvemants, Peraonal Property, Appurtenances, f.eaaes and Rants, or any pan or combination thereof or respecting any business or activity conducted on the [.and or my part thereof. (n) Any and all obligations of the Mmtgaga to Mortgagor, its general powers, if applicable, and All andunera, sureties, governors, and all other who are, or who may become liable for the payment of the Note, all deposits or other sums at any time credited by or due from Mortgsgo to such penin (including, but not limited to, all demand deposit acro res, checking accounts, savings accouras, capital market accounts, Money mookel accounts, certificates of deposit and all other accounts of soy nature or type whmrmsve maintained by such person with Motgagec) together with any and all node now or hereafter held by Mortgages, including, without limitation, all monis held in escrow by Meutgsgec pursuant to the terms heteof and all proceeds of fused insurance policies and all condemmtia awards. (c) Any and all other rights of Mortgagor in and to the items set forth above. All of such real, personal and mixed property basin described, whether affixed or mussed or not, and all rights hereby conveyed and mortgaged arc intended so to be and are to be deemed included in the tern "the Property" as used herein. TO HAVE AND TO HOLD the Property unto the Mortgagee, its successors and asaigm, to its own proper me, benefit and behoof forever. Mortgagor hereby covenants with Mortgages that it is the fes owner of the Property and is indofemibly seized with the fee shuttle absohae title to the Property and has full power and lawful authority to sell, convey, transfer and mortgage the same; that it shall be lawful for Mortgages at all times Monthly and gdetly to ester upon, hold, occupy and enjoy the Property and every part thereof; that except as stated herein, the Property is time from all liens and emumbromes and claims of any kind, including taxes and assessments (except toes and assessments nes yet due and payable), and Mortgagor hereby fully warrants unto Mori ages the title to the Property and will defend the same against the claim of all persons whomsoever. NOW THEREFORE, the condition of this Mortgage is such that if the Mortgagor shell well and truly pay unto the Mortgagee the indebtedness evidenced by the Note described above and a1Wl perform, comply and abide by each and every of the stipuletiom, agreements, conditions and coveneras contained and set forth in this Mortgage and in the Note, than this Mortgage std the anste hereby created shall come and be null and void. Mortgagor does hereby covenant and agree with the Mortgages: I. Mortgagor shall pay all suns payable by virtue of the Note and this Mortgage promptly III the same shall become due and perform and comply with each and every provision and condition of the Note and this Mortgage. 1912432 OR BK 13634 PAGE 767 2. Mortgagor shall (a) promptly repair, resmre or rebuild any improvements now or hereafter on the Property which may become damaged or be destroyed; (b) kap the Property and said improvname in good condition and repair without waste, and free from mechanic's lima or claisu for lim nuf nPressly subordinated to the lim hereof; (c) not commit wage thereon or suffw anything to be done which would impair or depreciate the value of the Property or the improvements Charms; (d) pay when due my indebtedness which may be secured by a Jim or charge on the Property superbr to the lien heroof; (e) complete within a reasonable time ensu building or buildings now or at my time in process of erection upon the Property; (f) comply with all requirements of law, municipal ordinances, Or restrictions of tecmd with respect to the Property and the use thereof; and (g) suffer or permit an change in the general nature of the occupancy of the Properly, without Mortgagor's written comsat. 3. Mortgagor shall psornpily pay and discharge any and all license fees or similar charges, together with my Penalties and interest thereon, which may be imposed by the juriadictim in which the Property is situattd for the use of vaults, china, areas and other space beyond the tet line, under or abutting the public sidewal6 in from of or adjoining the Property and Mortgagor will comply with my order of said jurisdiction in respect of the repair, mplemment or condition of the sidewalks or curbs in from of or adjoining the Property. 4. Mortgagor shall pct, before my penally apaches, all teaser, special aueearrents and other charges of my same whatsoever against the Property when due, and shall Nmish to Mortgagee duplicate receipts therefor. S. Mortgagor shall keep the Pmparty insured against loss by fire, windsmrm and other hazards, casualties and contingencies ser the Mortgagee may require, for such plods and for rot lees than the full uaurable value or such amounts as, may be required by the Mortgagee, and shall pay promptly when due all premiums for such insurance. The amounts of issuance required by the Mortgagee shall be the mtomum amounts fm which said insurance slag be wring and it shall be incumbent upon the Mortgagor to maintain such additional insurance m may be necessary m mot and comply fully with all coinsurance requirements mr aiud in said policies to she and that Mortgagor is not a coinsurer theremder. Insurance shell be written by a company or companies approved by Che Mortgagee and all policies and renewals thereof shall be held by the Mortgage, No lim upon my of said policies of insurance or upon my reftud m return premium which my be payable on the cancellation or tcrrrdnstfon thereof, shall be given to other than the Mortgega, except by proper endorsement affixd to such policy and approved by Moagagm. Each policy of insurance shall have affixed thereto a Standard New York Mortgagee Clause witbmt Contnbution, making all loss or losses under such policy payable to the Mortgagee as its interest may appear. In the event my sum or sums, of money become payable thereunder, the Mortgagee shall have the onto to receive and apply the memo on account of to indebtedness, hereby eaeurd, or to parrot the Mortgagor to receive it and use it, or my pan thereof, for the can of rebuilding or ressudeg the buildings on the Property, without thereby waiving or impairing any equity, lien or right under and by virtue of thts Mortgage. In the event of lea or physical damage to the Pmpmy, the Mortgagor shall give immediate mala dseaof by mail to the Mortgagee and to Mortgagee may rake proof of Ices if the same is not made promptly by the Mortgagor. In the eves of foreolosure of Inds Mortgage or other transfer of title m the Property in mttinguiahrnet of the indebtedness secured hereby, alt right, title and interest of the Mortgagor in and to my insurance policies the in force, shall pass to the purchaser or grantee. Mortgagor shall, upon demand, pay to Mortgagee, together with and in addition to each 190:933 OR BK 13654 PAGE 268 and every installment of principal and housing due or to become due under the Now, on the dale such haallmats of principal and interest are due and will the Note is paid in full, s sum equal to ono-iwelfth (1/12th) of the intimated annual real courts taxes and aaseuments on the Property plus orwtwelfth (1112th) of the premiums that will next become sue on all policies of insurance insuring the Properly, all as catimeted initially and from time to lime by Mortgagee Mortgagor space that all sums so deposited shell be irrevocably appropriated ro Mortgagee in trust to be applied w the payment of such real caste taxm, special a not aments and insurance premiums, and at the option of Mortgagee after default may be applied to the unpaid indebtedness of the Note. 7. Upon the sale or transfer of (i) all or any pan of the Property or my inWmt therein, including without limitation the caecaion by Mortgagor of a contract or agreement for shad, ventrad for sale or option to purchase or (h) the legal, equiable or beneficial title or interval of Mortgagor if Mortgagor is a imposition, partnership. Trust or other legal entity, all without the prior written comet of Mongaga, Mortgagee may, a1 Mortgage's option declare all the sums sawed by the Mortgage w be immediately due and payable. Mortgages may, at its sole discretion, waive the option to aealeaw contained in this paragraph prior to the We or lifer if Mortgages and the penin to whom the Property or the beneficial interest in Mortgagor is to be mid or transferred retch agneanenl in writing that the credit of such prion is satisfactory to Mortgages and that the interest payable on the unpaid mm aeaued by this Mortgage is at such rate as Mortgagee shall than request, including any assumption fa. This provision shall survive a sale or transfer of The Property and shall be binding upon successor owner/mortgagor of the Property S. Mortgagor hereby assigns to Mortgagee the renin, issues and profits of the Property as lurtber security for the payment of the Note, and Mortgagor grants to Mortgages the right to enter the Property for the purpose of collecting the same and to la the Property, or my pan thereof, and to apply said rents, issues and profits, after payment of all necessary chargm and expenses, on mcomrt cribs Note. This s alinement and grant stall continue in effect until all sums secured by this Mortgage are paid; provided, however, Mortgagor anal be entitled to wilest and receive said rents, issues and profits, until the occurrence of a default by Mortgagor under the tams and provisions beroof at which point such right to receive and collect the same shall be revoked without nice Mortgagor shall not have the right or power To cancel, abridge or od=.ia modify tenanciu or leases of the Property, or my part thereof, or a accao prepaymema ofinetellmmle of rent w beeome due thermnda for a period ofnare than one month in advance. In respect of all Iona of the Property, Mortgagor will (a) fulfill or perform each and every term, ommam aid provision of my such lease to be fulfilled or performed by the Imam thereunder; H give prompt notice to Mortgagee of my notice received by Mortgagor of default by the lessor thereunder, togaher, with a complete copy of any such notice, and (e) wifrms. short of termimition thamf, the perfomancc or obsavaooe of each and every tam, covenant and provision of my such lege by ere leases thereunder to be perfomed or observed. In the event of my default under this Mortgage, Mortgagor will pay monthly in advance to Mortgagee, or to any receiver appointed to collars rid mm, issues and profits, the fair and reasonable rental value for the use and occupancy of such pan or the Propmy as may be in possession of Mortgagor, and upon default in any such payment, will vacate and suamder possession crouch pan of the Properly to Mortgages or to such receiver and, in default thereof, Mortgagor may be evicted by summary proceedings or otherwise. 9. The Mortgagor will, without expanse to the Mortgage, do, execute, acknowledge and deliver all and every such Anther acts, deeds, conveyances, mortgages, swigrmwms, rmdaa of rsignimcnta, transfers and ssunnces as the Mortgages shall from time to time require, for the bate assuring, conveying, assigning transferring and confirming unto the Mortgages the Property and rights 1902432 OR BK 13654 PAGE 269 hereby cmveyed or assigned or intended now or hereafter as to be, or which the Mortgagor may be or may hersager become bound to convey or assign to the Mortgagee, or for carrying am the intention or facilitating the performance of the Tema of this Mortgage and my document executed concurrently herewith, or fm filing, reporting or recording this Mortgage and/or such documents aids an demand, will exec and deliver, and hereby authohiras the Monplim to execute in the one of the Mortgagor, to the extent it may lawfully do so, one or mors financing statement, or security agreements, to evidence mane eflbctively the lim hereof upon all mixed or personal property and to, firm time to titre and at my now, file any initial financing statements, entreatment thereto and contimutim statements with or without the aignMure of Mortgage as authorized by applicable law. 10. In case Mortpgor shall fail to (a) make any payment a perform my not herein required of it bammden,, or (b) discharge my prior claim, lin or tactanbmnce; or (c) purchase, diachsrge, compromise or sale my tax him or other prim Has or title or (d) perform or discharge soy duty or obligation required of it hereunder requiring the payment of my aur of moray, Mortgages may, at its option, pay any such sums and all money, so paid and all zepensa paid of incurred in connection therewith, including allonwys' fees, and my other moneys advanced by Mortgages to protect the Property, together with interest upon such sums M the maximum rate permitted by law, shall caatilute additional Indebtedness secured hereby, and shall become immediately due and payable without ram". I1. Mortgagor shall pay to the Monpgm promptly upon demand all was, expresses and anorney's fees, including the ramnable cast of any title examination, supplemental abstract of title, or title instance, that may be incurred by the Mortgagee in my proceedings (including, without ]imitation, condertaatin proceadinp, pronWiup involving the foreclosure of lira or encumbrances, the rnfinenwmt a interpretation of contracts, lases or odor decuncnls, the foreclosure of this Mortgage, or my other proceedings of my natural, legal or otherwise, affecting the Property, or my put thereof, or the tide thereto, ar the validity, in priority of this Morlpge, or that nay be incurred by the Mortgagee by reason of the failure of the Mngagor to keep and perform my of the covenants m agreements contained herein or in the Now, Such sums, togcthm with interest thereon at the meximurn rate pmndned by law, shall coneNtme additional indebtedness secured hereby, and shall be immediately due and payable without notice. 12. Monpgor represents; and warrents to Mortgages dant: (i) no oil, petroleum, or chemical liquid or solids, liquid or gases products, or hazardous or toxic mbstances, within the definition of any applicable federal, stag or local ,sante or regulation, aro now stared or otherwise located on the Property or an any adjacent and contiguous real property in which Mortgagor or my aftihMc has an interest; (it) no release of any such hazardous or toxic substances her occurred on the Property or my adjacent and contiguow real property in which Mongagm or any affiliate baa an interest; (iii) an pm ofthe Property or any adjecent and mmiguow reel property in which Mortgagor or my affiliate has an interest, including the groundwater ]=led thereon, is presently camamhated by any hazardous or toxic substance; and (iv) Monpgor has not received any notice from any governments] agency or amhorily, of front my tenant under alone of all m of my portion of the property with respect to my release of hazardous or toxic materials onto the Property or adjacent and eomigma parcels of nal pupa y in which Mortgagor or my affiliate has an /mean. Mortgagor further coveneets and agrees with Mortgages that: (i) all hazardous or toxic submames, within the definition of any applicable statute or regulation, which may be owed by any peen fm my potion upon the Property shall be and or stored thereon only in a nfe and approved mstrer, in accordance with all industrial standards and all laws, regulations and requirements fm each storage promulgated by my fadmal, sate or local govmunrnal agency or authority; (u) the Property will not be used for the principal purpose of storing such subsances; and (iii) an such storage or use will Ie02411 OA BK 13654 PAGE 270 otherwise be allowed on the Property which will cwae, or increase the likelihood of causing, the release of web heardous, or toxic substances onto the Property. Mortgagor hereby agrees to indemnify, defend end save and hold Mortgagee hemnlas of and from all fear, con (including reasonable anomays' fees, whether suit be brought or not including an appeal, if my), liability ad damage whatsoever inclined by Mortgages arising oul of or by reason of my violation of any applicable fedwl, state or local salute a regulation for the protection of the environment which caws upon the Property, or by name of the imposition of any governmental lion for the recovery of environnentnl clan -up costa expanded by serum of such violation; provided that, to the extol that Mortgagee is strictly liable under my such statute Or repletion, Mortgagor's obligation to Mortgagee under this inde nniry shall likewise be without regard to fault m the pan of Mortgagor with respect to the violation of law which results in liability to Mortgagee. The provision of this Section shall continue in effect after the satiafaction of the indebtedness seeured hereby or through the enfareerrant of the Note secured hereby, Or otherwise. Notwithstanding the obligation of Mortgagor to indemnify Mortgagee pursuant an the terms or this paragraph 12, Mortgagor shall, upon demand of Mortgagee, and at its sole cost and expense. promptly take all action to remediate the Property which are required by my federal, was or lord govenunmlal agency or political subdivision or which are reasonably necessary to mitigate damages as a result of the existence of my haardws or toxic substances upon, abou% beneath the Pmpeny or migrating or Ouateniog to migrate to or from the Property or Io allow Poll economic rte of are Property, which nimodiation is necimiuted from the presence upon, about or beneath the Property of any hasardoa W toxic substances a 4 violation of my applicable federal, awe or local malum, oder or regulation. Such actions shall include, bre not be limited to, the investigation of the environmental condition of the Property. the preparation of my feasibility undies, reports or remedial plans, and the performance, remedietion, containment, operation, meimeaacc, monitoring or restoration work, whether an or ufithe Property. Mortgagor shall take all actions necessary to restore the Property to the condition existing prior to the introduction of hazardous n toxic whsavess upon, about, or breath the Property, ratwilhnmding any team standard of remodwion allowable under applicable law on govemmenw policies All such work shall be perfmm el by can or more contractors solaced by Mortgagee. Mangagor shag proceed contimously and diligently with such investigatory and remedial actions. Any web action chat be performed in a good, safc and workmanlike mmrrer and shall minimize my impact on the business conducted at the Property. Promptly upon completion of such investigation and remediation. Mortgagor shall permanently cal or cep all modtoring wells and ten holes to itdumnal standards in compliance with applicable federal, male and local laws and regulations, remove all associated equipment, and restore the Property to the martrmunr stent possible, which shall include, without limitation, the repair of any surface damage, including paving, caused by such investigation or remedialion hereunder. to the event of a default under the temp of this Mortgage, Mortgagor shall, upon demand of Mortgagee, and at its sole cost and expense, new to be performed an investigation of the environmental condition of the Property and the preparation of my feasibility studies, reports or remedial plans relating thereto. In the event Mortgagor shall fail to muse such investigation W be perfomod, Mortgagee may, at its option, cause such investigation to be performed and any monles advanced by Mortgagee in connaYion therewith, together with interact upon such sans at the maximum rate permitted by law, shall coromw a additional indebtedness secured hereby. and shall become immediately due and payable without mice. 13. Pach and every of the following events shall constitute and be deemed to be a default and an event of default hereunder I W2432 OR BK 13654 PAGE 271 (a) Mortgagor shill fail, uegled or refuse fully and promptly in pay any m rounis required to be paidby the Noe; (b) Mortgagor shall default in the payment of any sum of money due and payable under the Note a this Mortgage; (c) Mortgagor or any Guarantor of the Note shall file a petition in voluntary bankruptcy or under any barrkruplcy act or similar law, state or federal, whether now or hermfler existing, or an answer admitting Insolvency or inability to pay its debts or fail to obtain a vacation or stay of involuntary proceedings within sixty (60) day%; (d) Mortgagor or any Guermtar of the Note shall be adjudicated a bankrupt, or a vustae o a reoalver shall be appointed for Mortgagor or any Guarantor of the Noe or for all of its property or the major pan thereof in any involuntary proceeding, or any coon shall have taken jurisdiction of all or any pan of the property of Mortgagor or any Guarantor of the Note in any involuntary proceeding for the reaganintion, dissolution or liquidation of Mortgagor or my Guarantor of the Noe, and such trustee ce receiver shall not be discharged or such jurisdiction relinquished or vacated or stayed on appeal m otherwise stayed within sixty (60) days; (e) Mortgagor or any Gossamer of the Note shall nuke an aasigmnent for the benefrl of creditors, or shall admit in writing its inability to pay its debts generally as they become due, or shall consent to the appoinunent of a roeciver or trustee or liquidator of all of its property or the major part thereof, (f) A default shell occur in the due observance or penomums, of any other of the covenants, agreements or corditiom heretofore or herafter contained, ropomd to be kept or porfomcd or obstrvtd in this Mortgage, the Not or any other imtrursam or agroa cot evidencing, scouring or otherwise "owed to connection with the loan evidarced by the Note, or any other tnertgage on the Property, or any other note, mortgage or abligalioo, whether direct, indlred or ondingent, of Mortgagor or my Guamraor of the indebtedness evidenced by the Noe to the Mortgagee now existing or hereafter arising; (g) The death, disability, dissolution, termination of existence, inmlve cy, business failure, appointment of receiver for my pan of the property, assignment far the bmefrt of creditors, calling for a meeting of creditors, appointment of a comminee of cradilm or offering of a oompaitim or extension 10 creditor by, for, or of any maker, endorser, guarantor, or sonny of the indebtedness secured hereby; (h) Any of the warranties or mpresmtalions of Mortgagor or my endorser or guarmlor of the Note contained hcrdn or in my of the isatnuncrrte, agreements or affidavits executed concurrently or in connection herewith be or become false; (i) Mortgagor shall reasonably doem itself insecure; (j) In the sole discretion of Mortgagoo, a material adverse change shall occur in the financial condition of Mortgagor or my Guarantor of the Noe; IN x32 OR RK 13654 PAGE 272 (k) Mortppgor shall grant, create, place, or perndt to be granted, created or placed, or through my act or failure to act, acquiesce in the grmOng, placing or creating of, or allow to remain, my mortgage, Jim (eitha statutory, constitutional or conoaetcry, security Niger or cre mbrmce whatsoever on the property or my portion thereof; (1) Mortgagor or my paragon of the Nolo hon enwrod, filed or issued against them my Judgment, federal, state or mmucipal tex fico, distrust warrant for West. writ ofettachmem, punishment. esecutimt or other legal process; (m) Mortgagor or my Guaranwr of the Note shall fail, neglect or refuse to fully and promptly pay all mna now or hencafter owed to any and all creditom of such parsom; (n) The voluntary acpension of business by Mortgagor or any Guarantor of the Note for a period in eases, of five (5) days; (o) The assertion of any claim of priority to this Mortgage, by title, lien or otherwise in any legal or equitable proceeding; (p) Any embassies. materislmm's, laborm, conetrvctian, muggy or other Jim is filed aping the property or my portion thereof anal said Ilan hes not ban released in removed as a Jim aping said Property or my portion thereof (by payment in full, hording, the transfer of such lien to security or otherwise) within ten (10) days after the date of notice of filing thereof; (q) Any suit or other logs] proceeding shall be filed aping Mortgages or cry Gasometer of the Now which, if adversely detandred, could seasonably be cprcted to substantially impair the ability of Mortgagor or such Gr srantor of the Now to perform cob and every of such penia respective obligations under the Now, this Mortgage and each and every other document executed in comeaim herewiN or therewith; and (r) The institution of any proceeding seddng the forfeiture of the property or any portion thereof or my interest therein as a result of any erhninal or quasi -aiming activity by Mortgagor or my persons an related to Mortgagor or the property that the property or my portion thereof or my interest therein might be forfeited on account of The activity of such pension. 14, A. Upon the ocemranae of any defleuh or event ofdefault hereunder, or upon the demand by Morippe of payment in full of the Note in accordance with the term, thereof, Mortgage shell be entitled to exercise any" all of the following rights and remedies: (a) No Purtha Advmoes Mmtppe'a abliptioq if my, w disburse procada of m Notts under the Note, or my of the other loan domanmta evidencing, securing or otherwise exanwd in connection the loan secured hereby with shall terminate without mice of any kind, 902!32 10 OR DR 13654 PAGE 273 (b) Acceleration. All unpaid principal and accrued and unpaid interest under the Now together with all other sums, secured hereby shall at once become due and payable, without deumnd Or notice, at the option of Mortgagee. (e) Default Rale of Irtervat At the option of Mortgagee, interest shell thereafter acme on all sums secured hereby at the highest rate of interest allowed by law. (d) Foreclosure. (i) Mortgagee shell be entitled, al its option, and without Waite or demand of any kind, to institute proceedings for the partial or mngslew foreclosure of this Mortgage and Mortgagee may, purnmot to my final judgment of foreclosure, sell the property as an entirety or in separate lots, units, or parcels. (it) In cess, of a foreclosure sale of all or my pm of to property, the proceeds of sale shall be applied in accordance with the provisions of Section B of this paragraph 14 and the Mortgagec shat be mtited to seek a deficiency judgment against the Mortgagor to enforce peyrn m of my and all sums secured hereby than remeimng due and unpaid, together with interest thereon, and to recover a judgment against the Mortgagor therefor, which judgment shall bear interest at the highest rate of interval allowed by law. (iii) The Mortgagee is authorized to foreclose this Mortgage subject to the rights of my taming of the property, or Mortgage may elect which Items, if my, Morals, desires to name as posies defendant in such foreclosure and failure to make any such torsions Parties defendant to my such foreclosure proeeedinge and to foreclose their rights will not be, mor be asserted by the Mortgagor to be, a defonve to my proceedings instituted by the Mortgagee to collect the unpaid most secured hereby or to colleen any deficiency remaining unpaid after the foreclosure sae er the Property. (e) Enforcemem of Security Irnaema Without limitation of Mortgagee's rights of m1brumaut with respect to the property marry pm thereof in accordance with the procedures for fomaomm of real estate, Mortgagee shell be mtided, at Its option, from time se tune, to exercise my and all rights and remedies available to Mortgagee as a secured pray under the Florida Uniform Cartoonist Code, as in effect from time to time (or under the Uniform Commercial Code in force, from lime to turns, in any other state to the extmt the same is applicable law) with respect to any portion of the Property constituting portional property or fixtures (the "Collateral) or my W thereof under the Florida Unifoen Commercial Code, as, in effect from time to time (m under the Uniform Comrrorciel Code in force from lime to time, in my other state to the extant the same is applicable law) and in conjunction with, in addition to or in substitution for theme rights and remedies: (1) Mortgages may mwupon the Property and Mortgagor's olher.pmnims to take possession of, Assemble and collect The Collateral or, to the aims and for those itoma of the Collateral pemdttod under applicable taw, to ruder it unusable; (2) Mortgagee nay regains Mortgagee to assemble the Collaerd and make it available at a place Mortgages; designates which is mutnaliy mnvacwt to allow Mortgagee to take possession or dispose of the Collateral; (3) Mortgagee may sell the Collateral or any porion thereof at one or more public or private sales for such price as Mortgagee shall dean commercially mas Bible and, ro the eatmt permitted by applicable law, any sale may be adjournad by amounoeraast a the time and place appointed for such sale without further notice except as may, be required by law.; (4) wrincm notice mailed to Mortgagor as, provided herein at lent five (d) days prim to the date of public sale of this Collateral or prim to the date after which private 1901132 OR BK 13654 PAGE 274 sale of the Collateral will be made shall constitute reuoneble notice; provided that, if Mortgagee fails m comply with this eleven (4) in my respect, its liability for such fish" shall be limited to the liability (if any) haposad on it as a sretter of law under the Florida Uniform Ceremonial Code, as in effect from flint to time (or under the Uniform Commercial Code, in force from lines to It=, in my other state to the extent the same is applicable law); (5) the Collateral and the other Property may, at the option of Morigagec, be sold as a whole Or in separate parcels or lou; (6) it shill col be noccuary that Modgesm take possession of the Collateral or my part thereof prior to the time that my ole pursuant 0 the provisions of this Section Is conducted and it shall rot be necessary that the Collateral -,MY par thereof be present at the locatim of such sale; (7) with respect to application of proceeds from disposition of the Collateral undo Section B of this Paragraph 14, the costs and expenses incident to disposition shall include the reasonable expenses of mtatdn& holding, preparing for We or lease, selling, leasing and the like and the mesonable attorneys, fees and legal expcmw (including, wittmut limitation, the allocated coats for in-house legal services) incurred by Mongaga; (8) my and all statements of fact or other recitals made in my bill of ale or aeaiginswu or other instrument evidencing my foroclosurc sale hereunder as to nonpayment of the Nolc or the other obligations secured hereby or as to the oecu rare of any default, or as to Mortgagee having declared all of such indebtedness to be due and payable, or as to notice of time, plane and terms of sale and of the propento to be sold having berm duly given, or as to any other am or thing having been duly done by Mortgages, shall be taken as prime facie evidence of the truth of the fats so stated arat recited; (9) Mortgagee nay appoint or delegate my am or =in persons ns agent to perfom my act or ass necessary or incident to any sale held by Mwilogec, Including the sending of micas and the conduct of the sale, but in the now and on behalf of Mortgages; (10) Mongagce may comply with my applicable slate ar fadenl law or regulatory roqufrernms in wase nion with a disposition of the Collateral, and such complimce will net be considered to affect adversely the commercial reasonableness of my sale of the Collateral; (11) Mortgagee may sell the Collateral without giving my waranties as to the Collateral, and specifically disclaim my warranties of title, merchantability, fiurcss for a specific purpose or the like, and this procedure will net be wondered to affect adversely the wmmacial removableness of my sale of the Collateral; (12) Mortgagor acknowledges Out a private sale of the Collateral spry result in less prwads thin a public sale; and (13) Mortgagm acknowledges that the Collateral may he solder a loss to Mortgagor, and that, in such avers, Mortgagee shall have no liability or responsibility to Mortgagor for such less. (n proceedings To Rewvrr Sam Due iSu't on the Note). (f) If my instalment or Ian of my sum of money secured hereby including, but not limited to, any haslMmt due orator the Noe shall foil to ha paid when due. Mortgages shall be entitled to cue fm and so rawvojndgmeat against the Mortgagor for the enuum eco due and unpaid together with all wets and expanses (including, without limitation, reasonable alwmtys' fees and expenses) incurred by Mortgagee in connection with such proceeding, togohes with intereas thereon at the highmt rate of imams allowed by law from the date Incurred by Mortgagee. Any such judpnml against The Mortgagor shall bean Interest at the ]dgheat me of f root allowed by low. All such wets and expenses shell be secured by the Mortgage and shall he due and payable by Mortgagor immediately. (if) If Mortgagor shat[ fail to pay upon the Mortgagee, demand, after acceleration as provided herein all of the unpaid sums secured hereby, together with all seemed interest distant, Mortgagee shell be entitled to sue for and to rawer judgment against the Mortgagor for the entim amount so due and unpaid together with all was and expenses (Ivuludin& without limitation, reasonable moneys' fees and expenses) intoned by Mortgagee in 190202 12 OR BK 13654 PAGE 275 connection with such proceeding, together with imemst inanition at the highest rate of interest allowed bylaw from the date incurred by Mortgagee. Any suchjudgrusni against the Mortgagor shall bear interest at the highest me of intenen allowed by law. All such cost and expetaa shall be accurad by this Mortgage and shall be payable by Mortgagor immediately. Mortgagee'sright under this Subsection (fi) nay be cxemised by Mortgagor either before, atter or during the pendency of any proceedings for the enforcement of this Mortgage, including appellate proceedings. (iii) No recovery of any judgment as pmvidod in Subsoctions (i) and (it) shove and rro atmelvnent or levy of anY meanim spm any of the Property or any other property shall in any way affect the him of this Mortgage upon the Property or my part thereof, or any Hart, rights, powers, or remedies of Mortgagee hereunder, but such then, rights, powers and remedies shall continue mimpaired as before. (g) Rmisives, Mortgagee shall be eothled, at its option, and without notice or demand of my kind, to apply at any time to the court having jurisdiction thereof for the appointment of a receiver of the Property and of all reins, incomes, profits, issues and reventra thereof, from whatoeva source derived. It is hereby expressly covenanted and agreed that the court shall forthwith amoire such receiver with the usual powers and duties of receivers in like cases; and said appointment shall be trade by the court as a malts of strict right to the Mortgagee, and without reference to the adequacy or inadequacy of the value of the Property, or to the solvency or insolvency of the Mortgagor or my other patty to such suit The Mortgagor hereby specifically waives the right to object to the appointment of a receiver as aforesaid and hereby expressly contexts that such appointment shall be made as an admitted equity and as a math of absolute right to the Mongagea and that the same may be done without notice to the Mortgagor. (h) Posaeseton. (i) Mortgagx may demand that Mortgagor surrender the actual possession of the Property and upon such demand, Mortgagor shall forthwith nu endo same to Mortgagee and, to the extent permitted by law, Mortgagee itelf, or by such officros or agents as h may appoint, may order and take possession of all of the Pmpmy and nay exclude Mortgagor and its agents and employees wholly therefrom. (ii) If Mortgagor shall for any reason fail to surrmder ordeliver the Property or my pan thereof atter Mortgagee's demand, Mortgagee may obtain a judgment or order conferring on Mortgagee the right to immediate possession or requiring the Mortgagor to deliver immediate pcmessiun to Mor gagot, to the entry of which judgment or decree the Mortgagor hereby specifically consents. (iii) Mortgagee may from time to time: (A) continue and complae development and conmuctim of, hold, store, usa, operate, mange and control the Propmy and conduct the business distract, (E) make all reassembly rommary mainmnartec, repairs, renewals, mplacermets, additions, Mtermmt and improvements thereto and thereon and purchase or otherwise acquires additional fixtures and personal property; (C) more or keep the Property insured; (D) eiteroise all the right, and powers of the Mortgagor in its name or otherwise with respect to the some; and (L) now into agreements with other (Including, without liMtation, new Leaves or amendment, extansio s. or cant lotions to existing Lease,) all as Mortgagee from 190101] 13 OR BK 13654 PAGE 276 lime to time may domm ins in its sell discretion. Mortgagor hereby constitutes and Irrevocably appoints Mortgagee its true and lawful aromeyin•fact, which appointment is coupled with an interest, with full power of substitution, and empower said attorney or attorneys in the tome of Mortgagor, but it the option of mid momeyin=fact, to do any and all sets and execute any and all agreements that Mortgagee may deem necessary or proper to implement and perform my and sit fthe foregoing. (iv) no Mortgages may, with or without tilting possession of the Property M hmeinabove provided, collet and receive all the Room therefrom, including them past due ss well as those accruing thereafter, and shall apply the mentos as received fist, no the payment of all coals and expessea (including, without limitation, coat of litigation, reasonable attonwys' fm and expanses) incurred by Mortgagee and its agents in conmoctim with the wllection of time, whether or not in possession of the Properly, ad second, in such order as Mortgagee may elect, to the Payment of the sums of money secured hereby. Should Mortgagx incur my liability, tom or damage under arty Leine hereby assigned or under Or by rasion of the assignment themof, m in the defense of my claims or demands, the amount thereof, including costa, expanses and reasonable attorneys' fees, shall be secured hereby, and Mortgagor shell reimburse Mortgagee thereof inmedietely upon dermd. (t) Set -01D. Mortgagee shall be entitled, at its option, arid without notice or demand of my kid, to scoff against my and all obfigNions of the Mortgagee to Mortgagor, its general partner. if applicable, and all eodoraets, sureties. Guarantors, and all others who a0. or who may became liable for the payment of the indebtedness secured hereby, all deposit. or other sums et any time credited by or due from Mortgages to such persons (including, but net limited o, all demand deposit accounts, chilling accounts, savings account, capital market accounts, money maria accounts, certificates of dcPoam and all other accounts of any nature or type whatsoever maintained by such persons with Mongegoe). Whenever Mortgagee has the right to declare the indcbtedma secured hereby to be immediately due sold payable, whether or not it has so declared, Mortgagee may set off and apply such obligations, soc sums, deposits or other sums credited by or due from Mortgagee to such pomcm without notice against the indebtedness secured hereby regardless of the value or adequacy of other collateral given as security therefor. If the Mortpgee an chess, it shall be droned to have examined it right of setoff unmediately at the time its right to such election monlod. 0) &M Mortgagee shall be rattled, at its option, and without muco or demand of my land, to collect all of the Items, issuss, profit, rewsue, income, proceeds and other benefits from the Property, or to pursue any remedy available under Florida Statutes, 697.01, as am adal, supplemented, or superseded from time to time. (k) Mumaaesl Perfermarnce of M e y Obligations Mongages shall be entitled, at its option, and without notice or demand of my Idnd. (i) to make my payment or perform my act required of Mortgagor hereunder or under the other lom documents evidencing, securing or otherwise exwuted in connection with the loan evidenced by the New, and (it) to perform or discharge my duty or obligation required of Mortgagee hereunder or undo the other mid loan documents, and all moneys m paid and all costs, fees and expmses paid or incurred in correction therewith, Including attumoys' fees, and any other moneys advanced by Mortgagee to protect the Property, together with interest upon such sums sr the maximum rete permitted by law, shall constitute additional indebtedness secured hereby, and shall become immediately due and payable without notice. I90:a3: 14 OR BK 13654 PAGE 277 (1) Remad:ts Undly LW,,Documents Apslicably Lass. Mongagee shall be entitled, it is option, and without notice or demand! of my kind, to axercise from time to tune any and all rights and remedies available to it hereunder and under the other lom decorators evid=ing securing or otherwise exenned in connection with the loan evidenced by the Note, under applicable law or in equity. B. PraoeWe of Foleelosunc. The proceeds of my sale held by Mortgagee or my receiver or public officer in foraclos irc of the liens and security interests evidenced hereby shall be applied in accordance with the requirements of applicable laws and to the went consistent therewith, PSsT. to the payment of all reasonable and owmany costs and expena s incident to such foreclosure oda, including but not United to all momryet fan and legal expenses, advertising coats, motioncds few, cots of title checkdowns and lien searches, impaction fns, appraisal costs, few for prafeasional services, environmental assessment and remediation few, all court toss and charges of every character, and, SRCpNp, to such Order as Mortgages may elect, to the Payment of the sums of money secured lumby. Mortgagor shall be and Partain liable m Mortgagee for my Massnet between the net proceeds of sale and the total amount soured hereby until each total amount hes been paid in full. C. Monaaaee w Purehaay. Mortgagee shall have the right to become the putchwer at any sale of the Property M my portion or portion thereof and, and in lieu of paying cash therefor Mortgagee shall have the right to credit upon the amoanl of Mangagee's successful bid, to the extent necessary to satisfy such bid, all or any part of the sums of Pinney secured hereby in such maroer and order as Mortgagee may eloct Upon ompiiance with the term of sale, Mortgagee may hold and dispose of the Property without further secotmtability to Mortgagor. D. 4tdebtM :ss Discusses Due on Fanatics . If Mortgage commences a suit for foreclosure of this Mortgage, the =tire indebtedness secured hereby if ant previously declared due and payable, shall, at once, become due and payable. E. Mq)g el Obliation to PAY Costsand Extrestses. Mortgagor and each Guwmbr shall pay all coats and expenses inowad by Mortgagee in enforcing is rights hereunder, under the other loan douoants evidencing, securing or otherwise executed in connection with the Ian evidenced by the Note, under applicable law and in equity. In the event the Note and/or the other low, documents arc referred to an attorney for collection or otherwise for enformnent of Mottgagos rights, Mortgagor and each Guasmw shall be liable for and shall pay all cats and expenses thereof including, but not lasted to, reasonable anca neya' fees and expenses, whether incurred with respect to collection, trial, appal, bankruptcy, enfotcemcnt of anyjudgmant based an the Note, or otherwise, whether suit be brought or net. Any and all such costs, few and expenses, together with interest upon such sums at the maximum rate pemdtied by law, shall constitute additional indebtedness soured hereby, and shall baome imnnedistely due and payable. P. No Waiver. Failure by Mortgages to exercise my of in rights and remedies hereunder or under the other loan documents evidencing, souring or otherwise executed in connection with the loan evidenced by the Note shall not constitute a waiver of the right to exercise the same in the event of any subsequent default. G. Waiver of Averaticninsent, Valuation, Say. Exwa dna and Rodentstion lAws. Mortgagor agrees, to the fall aslant permitted by law, thus if Mortgagor is in default, neither Mortgagor nor anyone claiming by, through, or under Mortgagor will take advantage of my appnaioment, valuation, stay, extension or Ped=tption laws to prevent or hinder the enforcement of this Mortgage or the absolute sale 1902432 M OR SK 13654 PAGE 278 of the Property in foreclosure. Mortgagor, for themselves and for all persons claiming by, through or ander them, waive, to the full extent that they may lawfully do so, the benefit of all such laws. H. Deficiency Judmisant If all or any portion of the Property is sold after foreclosure and the proceeds of the saic arc insufficiersl to pay the indebtedness secured by the Property, Mortgagee may enforce payment of all ammmts than remaining unpaid under the Note, and Mortgagee tory remor a deficiency judgment for all amounts then remaining unpaid, together with interest at the highest rate of intereal allowed bylaw. Any judgment against Mortgagor shall bear interop at the highest rate of interest allowed by law. 1, Proofs of Clatm. In the case of any receivership, insolvency, banampley, roorganimtion, ammgamnl, adjusmmt, composition, Mixure of the Property by any govemmenral authority, or other judicial proceedings affssing the Mortgagor, any Guarantor, my mdorur, w -maker, suraY, or guarantor of the Note, or my of their respective properties, the Mortgages, to the extent permitted by law, shall be entitled to file such proofs of claim and other documents as my be necessary or advisable in order to have Its claim allowed in such proceedings for the entire unpaid indebtedness secured hereby at the date of the inatrtution of such proceedings, and for my additional amounts which may become due and payable after such date. J. Diaeommuanre of P ppoodimse — Position of Pavia Restored, if my proceeding m enforce Mortgagee's right or remedies under tide Mortgage is discontinued or abandoned for my reason or is determined adversely to Mortgagee, Mortgagor and Mongagee shall be restored to their forma positions under this Mortgage end at) Mortgagee's rights, powers, ant remedies shall commuc as if nor proceeding took place. K Remedies Cumulative ud Concurrent. No right, power or remedy of Mortgages out provided in the Note, this Mortgage, or the other loan documents evidencing, securing or otherwise exewtod in connection with the loan evidenced by the Note is intended to be exclusive of my other right, power, or remedy of Mortgagee, bot each and every such right, power and remedy shall be cumulative said concurrent and in addition in my other right, power or tweedy available to Mortgagee now or hereafter existing at law or in equity and may be pursued separately, successively or together against Mortgagor, my Guarmlor, or any endorser, co -maker, stray or guarentor of the Note, or the Property or my part thereof, or my one or more of drtm, at the sole distension of Mortgagee. The failure of Murtgaga to exercise any such right, power or remedy shall in no evert be co meed as a waiver or release thereof. I. Suits to ProW the Property. Mortgagee may iwtilute all proceedings Mortgagee considers expedient to protect the Property, to preserve or protest its imam l in the Property or to avoid my potentially invalid governmental law, regulation, ord'rmnoe, role or order that may impair the value of the security for the Now or prejudice Mortgagee's neatest in the Property. All mats or expenses (including reasonable roomers' std paralegals' fees), incurred by Mortgagee in correction with any proceeding shall be included in the indebtadners seemed by this Mortgage, and Mortgagor shall promptly, upon Mortgagee's demand, repay all costs and expcme to Mortgagee, together with Interest at the highest rate of interest allowed by law. Is, In the event of any default or breach on the pm of Mortgagor under the Note or this Mortgage, the Mortgagee shall be entitled to apply at my time to the court having jurisdiction thereof for the appointment of a icceivet of the Property and of all rents, incomes, profits, issues and revenues thereof, from whomever source derived. It is hereby expressly covenanted and agreed that the wort shall 16 OR EA 13654 PAGE 279 forthwith appoint ouch recolver with the usual powers end duties of receivers in like cases; and said appointment shall be made by the watt as a muster of strid right to the Mortgages, and without reference: to the adequacy or mdequscy of the value of the Properly, or to the solvency or insolvency of the Moifgegor or any other parry to epch suit The Mortgagor hereby specifically waives the right to abject to the appointment of a receiver as aforesaid and hereby expressly conaants that such appolmrncnt shall be mde as an admitted equity and u a weer of absolute right to the Mortgagee and that the same may be done without notice to the Mortgagor. 16. ht the event of any defeuh or breach on the port of the Mortgagor under the Nae or this Mortgage, Mortgagor shall stanander to Morigages poseession of the Property, and Morlgaga my enter upon and take possession of all or any part of the Property, together with all doanmanta, books, rawrds, paper and awounte of Mortgagor or the than owner of the premises relating thereto; and Mortgages my as agent of Mortgagor m in its own Siem, personally or by its agents either operate, manage and control the Property, complete the construction or development of any improvements thereon, make all necessary repairs, alterations, additions or replacement of such improvements, or cancel any lease or agrtem et subordinate to the lien hereat' or nuke all necessary or proper repairs, with full power and authority to exorcise each and every, of the rights, privileges and powers herein granted at any and all times hereafter, without notice to the Mortgagor. Should MortgageeIncus any liability, lose or damage under airy lease hereby assigned or under m by reason of the auignntenl lberanf, or in the defense of any claims or demands, the am not thereof, including costs, expenses and mmnable alomeys' fees, shell be secured hereby, and Mortgagor shall reimburse Mortgages thereof irtunerliarely upon demand. 17. Mortgagor hereby assigns, incefers and sets over unto Mongaga the entire proceeds of any award or any claim for damges for any of the Property taken or s unaged under the power of ceninant dotnain or by condemrution. Mortgages my, at its option, sled to apply such proceeds in reduction of the indchtodema aecurn d hereby, whether due or nor, or to require Mortgages to reelme or rebuild, in which event the proceeds shall be held by Mortgagee and used to reimburse Mortgagm for the cost of the rebuilding or restoring of buildings cad improvements on the Property in accordance with plane and specifications to be submitted to and approved by Mortgatee. Notwithstanding the commencement of any condemnation or eminan domain proceedings. the Mortgagor shall continue to make all payments required by the Note and this Mortgage. If the amount of such proceeds is ineuiHciant to cover the" of rebuilding or vegetation, Mongagor shall pay to Mortgagee such cost in excess of the award, before being entitled to reimbursement out of the awa i. Any surplus which my terrain out of such award shall, at the option of Mortgage, be applied on account of the indvIdexi s secured hereby or be paid to any other pony entitled thereto. In applying the proceede of any award on moount of the indebtednees secured hereby, Mortgagee shall be entitled to collect, out of the proceeds of the award, a premium on the amount prepaid at the Sam nm m though Mortgagor had elated to prepay the indebtedness in accordance with the terms of the Note. Any and all costs and cS perces and reasonable attorneys' fees incurred by Mortgagee by reason of any condemnation, threatened condemnation or proceeding thereunder shall be Secured hereby and Mortgagor shall reimburse Mortgagee therefor immediately upon dernand or Mortgagor my, at its option, deduct the same from any award assigned to Mortgagee herotndtr. Mortgagor shall notify Mortgagee at once of the commmcem et of condemostlon proceedings of any character affecting the Property or any part therwf. Is, Nothing contained herein. nor my transaction related hereto, shall be consented or so opmele as to require the Mortgagor to pay internal at a role greater than the maximmn rate petudtted by law, Or to Make my payment or to do any acf contrary to law, and the Mongsgse shall northeast Mortgagor for any interest paid in exceae of such maxiwm rate or any payment made contrary to law, if ,902932 17 OR HK 13654 PAGE 280 any clauses or provisions herein contained operate or would pmepconvely operate to invalidate this Mortgage, in whole or in pan, then such clauses real provisions only shall be held for naught, as though not herein contained, and the remainder of this Mortgage shall remain operative end in full force and elfem. 19. Mortgagor stall rot avail itself of my laws now existing or hereafter eructed in order to prevent or hinder the enforcement or foreclosure of the Mortgage, and, to the extent permitted, hereby waives the bent of such laws, including my homestead exemption laws. 20. No delay or omission by the Mortgagee in the exeroiae of my right or mmedy accruing upon any default or in the doing of my of the miners end things by it permitted to be done under the hems and provisions of this Mortgage and the Note shall impair any such right or renally, nor be oomahued to be a waiver of my such defeat or acquiescence therein, our shall it affect my subaequad default of the same or a different nature and every each right or remedy may be exercised from time to lime and as often as it is deemed expedient by the Mortgagee. 21. It is the intent hereof to secure payment of the Note, whether the full arra=t thereof shall have base advanced to the Mortgagor as the date hereof or at a later date, all sums evidenced thereby, and all advances paid, and readvanced thereunder and evidenced thereby. The Mongsgec may, at the sole Option of The Mortgagee, from time to time make tutee advances to the Mortgagor outside of the parameters of the Note, which advances, whctha obligatory or made u the option of the Mortgagee, "I be secured by this Mortgage; provided, however, that the total principal sum scoured hereby and remaining unpaid, including any such advances, shell not at my it. eccood ten times the original principal sum of the Note n eel forth above, plus interest Thceon and any disburwnuds made by Morepgc for the paynera of Tues, levies or insurance m the Mortgaged Property or otherwise to protect the security of this Mortgage with interest on such disbunernmts. Ag such future advances shall be made within Twenty yearn from the date hereof and all hhdcbtodrhesa crested by virtue of such future advances shall be and arc secured hereby. All provisions of This Mortgage shall apply to my fill= advmcn made pursuant to the provisions of this paragraph 22. Neither the acceptance of this Mongage nor the enforcement thereof stall pnejudioe or in any manner affect the right of the Mortgagee to realize upon m enforce my other security now or hereafter held by the Mortgsgec, it being mdenlood thin the M=gaga shall be entiTled to enforce this Mortgage and my other security now or hereafter hold by h in such order and manner as it may in is discretion detertntne, The Mortgage shall "tend to and be binding upon Morgegnr, hes Or its hews, administrators, successors, and assigns and all persons chinning by, under or through Mortgagor. The term "Modip ge ," whin used heroin shall include the succession and aasigm of the M=gaga named herein, and the holder or boldos, from time to time, of the Note. Ills Mortgage is intended and don secure the payment of any and all uterui=s or nnawels of the Note. Without affecting the liability of my other person liable for The payment of Ills Note or the lice of this Mortgage, the Mortgagee may release any person so liable, extend the time of Payment of to Note, Or want other indulgences, or modify my of the taupe or pmvisiom hereof or the Nota, muse my parcel or pont= of the property, or consent to The granting of any easement, or enter into my agreement subordinating The him hweo[ or take or release any other security for the payment of the Note or for the performance of my of the coveanns and egreerrlsots hemunder, and/or make compositions or other arrangemens with debtor in relation thaMo. All covertness, agreements and mderaldngs herein shall bejoint and several. The Mortgage and the Note constitute Florida contras end the[] be camvned according to to laws of that Sate. Tint is of the usence of this Mortgage. Wherever need, the singular number shall include the plural. The plural the 1902432 18 OR efc 13654 PAGE 281 singular, and the use of any gender shall be appliable to all genders 22. Mortgagor shall preserve and keep in fill force end effect its existence, rights, franchises, track names and qualification to transact business in the State of Florida, Mortgagors exact legal name is correctly set forth at the end of this Mortgage. If Mortgagor is not an individual, Mortgagor is an organization of the type end (if not an unreglatemil entity) is incorporated in or organized under the laws of the slate specified in the introductory paragraph on this Mortgage. If Mortgagor 16 an unregistered entity (imhulkirg, without limitation, a genual partnership) it is organized under the laws of the state specified in she introductory paragraph of this Monpge. Mortgagor will not came, or parents any change to be made in its name, identity (including its trade tome or names), or corporate or partnership structure, unless Mortgagor shall have notified Mortgage in wtinne of such change at least 30 days prior to the effective dote of such change, and shall have fist lakes all action required by Mortgage for the purpose of further perfecting or protecting rise lim sed security interest of Mortgage in she Property. In addition, Mortgagor shall not chmga its corporate or partnership muctura without fust obtaining the point written consent of Mortgage. Mortgagors principal place of business and chief exeea6w office, and the place where Mortgagor keeps its books and records, including mcorded date of any kind or nature, mprdlew of the medium of recording Including, without limitation, software, wri Ings, plan, specifications and schematics concerning the property, has for the proardiag four months (or, if less, the ,mire period of the existence of Mortgagor) been and will continue to be (unless Mortgagor notifies Mortgage of my change in writing at least 70 days prior to dee time of such change) the address of Mortgagor act foal, in the ifrn page of this Mortgage. If Mortgagor is an individual, Mongagues principal residence has for the preceding four months been and will mmitae to be (unless Mortgagor notifies Mortgagee of my change in writing at least 10 days print m the date of such change) the address of the principal residence of Mortgagor act fond in the feral page of this Mortgage, Mortgagors organizational identification number, if any, assigned by the sub of ireorporetion or organization is cormuly ecu forth on the fors page of this Mortgage. Mortgagor shall promptly notify Mongagm (i)of my charge of its organizational identification number, or (ii) if Mortgagor docs not now have an organizational identification number and later obtains one, ofsuoh orga sirational identification number. 24. . Upon emagnemt of any law imposing payment upon the Mortgage of the whole or any portion of any tax=, esseammta or other charges asserted against this Mortgage or the Note, or upon rendering by any court of competent jurisdiction of a decision that an undertaking by the Mortgagor, as heroin provided, to pay my such Was, Assessments or other charges is legally inoperative, than and in my such event the debt Hereby accused, without deduction, shall, if perredtted by applicable law, become immediately, due and payable at the option of the Momgagee, notwithstanding anything to the contrary contained in this Mortgage. 25. This Mortgage shall be construed= a security agreement ender the Unifomu Cmmnucial Code, and the Mortgagee shall have all the rights and remedies of a secured party coda the Unaform Con sured.l Code. 26. Mortgagor shall maintain, during the toren hereof, its primary depository accounts with Mortgagee, unless otherwise agreed to by Mortgage, 27. Mortgagor shall do all things necessary and proper to rrointain its lunitod liability company existence and to continue lawful opentim of its busioeas. Without the print written cement of Moiigega first had and obtained, Mortgagor shall not alter, through merger, consolidation reorganization, sale cr distribution of substantial assets or otherwise, its current legal or organizational 190202 19 OR ER 13654 PAGE 282 makeup, nor shall it substantially change the nature of is bwiness as of the date hereof. During the tenon hereof, Mortgagor shall not consent to or pcmdl the issuance of arty additional membership or equity interests of Mortgagor, of my mtum or type or purchase m "we to be pardwed or sell m pemdt to be sold any issuod and outstanding fnembemblp or equity interests of Mortgagor. 28. Mortgagor shall fiunish or cause to be furnished to Mortgagee the following; (a) On or before shiny (30) days slier the due date for the filing of same (including all ex(emions actually mod properly wkm) of each year during the tam hereof, copies of federal income tax mtmw filed by Mortgagor and each Guarantor of the Note for the preceding fiscal year. (b) On or before March 31" of each during the term hereof, cmmnt annual personal financial mmtementa of Lam L. Ferrante, Robert R Hendrick, Robes E. Parrett and Peter J. Rodrigues in form and content acceptable to Mortgagor in its discretion. (c) On or before thirty (30) days after Ua end of each and every fiscal year of Mortgagor, income statement, sad balance sheets of Mortgagor, together with appropriate cash Row/dabs service scbedules as nay be required by Mortgagee Irmo time to time in is sole discretion, W such information to be in form and content acceptable to Mmtpgm in its dismction and each shall be prepared by Mortgagor and cenified by an oIU= of Mongmgor m be tone and carat (d) From time to time upon request, all such other financial statements and information miming to Mortgagor, each Gueramor of the Note and the Property as Mortgage shall request in its sole discretion, all in form and content acceptable to Mortgage, 29. Excep for annual trade peyabla of Moagagor and North Florida Pioneers, lcro, ixuned in the ordinary course of business, during the ten havof, neither Mortgagor or my Guaranies of the Nene, shall borrow money from or mhmsvisa become indebted or obligated, either directly, indirectly or contingently and either as maker, guarantor or sorely to my person or sonify other than Mortgagee withourMortgngee's prior written consent. 30. MORTGAGOR AND MORTGAGEE KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT ANY OF THEM MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS MORTGAGE AND ANY AGREEMENT CONTEMPLATED, TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHEiM VERBAL OR WRITTEN) OR ACTIONS OF EITHER PARTY. THIS PROVISION IS A MATERIAL INOUCEMENr FOR MORTGAGEE TO MAKE THE LOANS OR EXTENSIONS OF CREDIT EVIDENCED BYTNE NOTE. M2a32 20 OR EK 13554 PAGE 283 IN WITNESS VMMOF, Mortgagor hes weemed this Mortgage the day and year first above written Signed, wiled and delivered in the ptaaen of: Priv Nene: STATE OF FLORIDA COUNTY OF DUVAL SELVA PRESERVE, LLC Dr North Elands Pioncere. ., Maneging M Limits SY: L. FaimiKe. Presiders The foregoing inmument was executed and aelmowledged before me this 91h day of November, 2006. by Lama L. FM=K as Ptpide d of North Florida Pionova. Inc., a Florida corporation, Mwgiog Menthe of 9elva P Florida limited liability company, on behalf of the Corporation and Canpany.SWIS petaamlly blown toW Prodme as identification.. Nar"" UC -nn WISOgBR IL Gene Aldridge NO T et.b�o#MM3037 RY Comsime OV19/g8p7 FIN KLarge My Covumssion Expires: M2437 21 OR BK 13650 PAGE 284 A PORTION O SECTIONS 16 AND 17. TOWNSMP, 2S�1WN YAL S COUNTY, FLORIDA, BEING A PORTION OF THOSE IND( _ RCCO+OS NOLWf BJ)J. PACE e20, a THE CUA0.Et F✓ -NATO DUYAI CWNTv, N.rnlpa AND BEING MORE RARTCMARLY" .Af FOLLOWS: FOR A POINT Of REFERENCE. COMMENCE AT ME INTERSECTION OF THE WESTERLY RIGHT OF WAY UNE OF SEMINOIE ROAD (A 100 FOOT RKRR O WAY AS NOW ESTABLISHED/ WITH THE NORTHERLY RIGHT OF WAY UNE OF 11TH EXHIBIT A WESTEµONG THE NORTHERA VAIUABLE LY RIGHT OF WAY RIGHT OF UNE 0OF SAIDOUTH 11 TH STREEE DISTANCE O 300:00 FEET TO THE SOUTHWESTERLY CORNER OF LANES DESCRIBED IN OFFICIAL RECORDS BOOK 5K PACE 2W. OF THEPUIUQ RECORDS OF $0 DUVAL COUNTY, SND PONT BEING THE POINT�BEOMIMd; (HENCE CONTINUE SOUTH B3'42'00' WEST, ALONG LAST SAC RIGHT OF WAY 'UM, A DKIANCE O 175.00 FEET TO THE PONT OF CURVE, SMD PONT BEING AT THE INTERSECTION OF THE NORTHERLY RIGHT OF WAY ME OF SAID 11TH STREET WITH THE EASTERLY RIGHT OF WAY LINE OF UNKSIOE DRIVE (A VARIABLE WIDTH RIGHT OF WAY AS SHOWN ON THE PUT OF SUVA LAINSDE UDt N0. 1, AS RECORDED W PLA BOOK M. PAOES 23 AND Uk OF M oR PUBLIC RECORDS OF SAID WYµ COUNTY; RIENCE µ0116AqUR1EM YE NORTHEASTERLY, HANNG A RADIUS OF 25.00 FEET, AN Al(C LOIGM OF 38.21 FEET, HAMNG A CHORD THAWING OSTANC(M NIGp5 RST, 35.36 REFI TD ME PONT OF'TACY Q $AD WRLE; 1HE21OB.tN,d11H . —AY-- „cam. ..... _ .. _ _ .. ... FEET, A CHORD BEARING AND DISTANCE DE NETN 311800'. WEST, 25.46 FEEL TO THE PONT O TANGENCY OF SAID CLI THENCEMp1tTH 2411VOE WEST. A OISTANCE OF 160 24 FEET TO THE PONT OF "YETIM CONOAYE Sb THWESTERLY, HAVING A RADIUS OF 200.00 FEET; THENCE µ0N0 $ARD 15RW. AN ARE LENGTH OF 80.52 FEET. A WORD REARM ANO DISTANCE OF NORTH 3510'00' WEST, MOB FEET TO THC PONT OF TANGENCY OF SMO D NW. SND POIN' BEING NIE SOUTHERLY CORNER OF TRACT 'A. AS SHOWN ON SAID PUT OF SUVA MI UNIT NO. 1; THENCE NORTH 27'41'32' EAS1, ALONG THE EASTERLY TINE Or SAID TRACT 'A'. A DISTANCE O 140.4 FEET. THENCE NORTH 7WHI GO' WEST, ALONG THE NORTNRRY UNE OF SAID TRACT 'A', A DISTANCE Or 140.00 MET; THENCE SOUTH 53'42'00' REST, A NSTANCL O 60.00 FEET TC A PONT W THE EASTERLY UNE OF LOT W. OF SAID O THE THE CURRENT PUBLIC RECORDS OF SAID A ", 50111, 0911'25' [AST, 407.20 FEET TO ;r 'CIAL RECORDS BOOK 77, PAGES I W!'42'00' EAST, ALGNG THE SCUTHEA vnluu W MIND5 SGOK 52C PAGE 253; THENCE SOUTH 84-42'00• WEST, ALONG THE NORTHERLY LINE O MST SAD LANDS, A DISTANCE OF 25.0E FEET; THENCE SOUTH 06'15'00" EAST, ALONG THE WESTERLY UNE OF SAD (FDOAL RECORDS BOCK 524 PACE 283. A DISTANCE OE 40.00 FEET TO THE PONT .'I BEGINNING, BONG PIE SAME LANDS AS DESCRIBED IN OFFBYAL RECORDS YOULIK GD; PAGE 820. OF THE CURRENT PUBLIC RECORDS OF SMO DUVAL COUNTY. FLORIDA. LESS AND EXCEPT THOSE WENDS DESCRIBED IN OFFICIAL RECORDS VOLUME 1910. PAGE 958 O THE O1RRIENf PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. Doc 1 2000312531, OR ON 16725 PAp 1732, Ntanloar Fa9ee: $, Rewrtlad 12/16/200$ At 09:51 Mf, JIM IFUUMER CLERK CIR n COURT DU%M CGIRPM MMRDING $69.50 hapwd by R. G— ANMp. Fpuue Fnwln whin How P.A. 50 Nonh IAme Soma Suite VW laybamilk. Fla,ida Jnm 53M.5090716Cant RaNm,a. �q. mfl wvilk, N.A . 1325 Hto 4ve3lc9wnll, fud.2]0] MODIFICATION AGREEMENT THIS AGREFAIENT, trand-u of Ih,10"' day of Novanba, 2008, by SELVA PRESERVE, LLC, a Floddo limleed liability onnpmY, whose moiling a,ld ou, u 249-3 Lev, Road, Allwak BweS. Florida 31233 (do, 'Mortgagor"), NORTH FLORIDA PIONEERS. INC., • FIntide ooRo,nlon LAND L. FRORANTE, ROBERT H. HEHURNC E, ROBERT E. PERMIT and PETER J. RODRIGUES, whoa va flo, ddras is 149.5 levy Road. Atlantic Buck, Flood- 3=3 (each e •Gurantor" and wlladvdy the "Guenntos"3 and CENTERRANK OF JACI(00NVILLP N.A.. a national banking asmcielim wboaaddraa is 1325 Hmd,icb Avenue, Jackannvillc, Flork4 3220'! (We "Mmppe i. 7Lis Ag,oavmt dull be binding upon and boon to the b Jit of the pWea lo"O. Shur hart, lepl repancaativa,..cat and baniga. R PCITA L S: 1. On Nownba 9, 2006, Mmppr aadc and dalia to Motgega a PmmiswaY Not, In the caned prinnipl ana9ant ofS7J0,000.00(wNeh prmrv»ory nde, togdho wifln., and ail raawah. Rpke:madu, ,,i a,,00n,a, modifaWaa, smand,ums, atmsimu and eauolidetione thuoof is IhvOinafla afe,hd to u the'Pwmiemry Ndo'j. 2. Or November 9, M. Mong4or rondo and ddlw Iv Modgaga, As WAMY bot tk Pro lscory Noe. a MOnpgC and i5oo city Aeramrnt awuobotl toy IW -1 daacbed don't (thy "P,aPmY�). which e,angep W eewdtY apoemynt is a,a0rd In Offtiei R„o,& Book 136N, We 163 of the muco publk rVoordi Of Dvnl (3ootAY, Florida, (which yontpp and amdity apmn,vu, agmhn with anYand al) ranewa4, apleemn o, nuMliMinan, Aaatananll, aodif.d., i naMnalow, atannalona andwaaUdnlona Narmfk Meauaaafend a a Ila "Mortgage"). 3. On No rntbc, 9, 21816. Ouvanton och nook W dctaad to Monpgc, m Absalom, Unwnditmnd W Continuing Ouaranly Sumoaing payaal and pafo,aance of, —aR mita lhloga, ,w Prn nieanry Note and Mon,,,, (witch gdvanaai agdber wait mY and ell rrn,wels, ta,l6oenKmq NbtkabM, refine . mndidadnw, amcndmeaa, atabiaA and wuoldmo,n lbmmb art homy -fl,, afcRm to m roc "Otw ant.-) 4. On November 9, 2006, Monppr and Ouannl. road, W delivend to Moog-gw that cmcin Envhovdmtal Indmud5atbn Apaanant (whlyh mv',an,n,ael irdcovifatloo -gamont, agoher with my-nd dli reraw.1, apHemNtAs, vaboltaloa, toualamts, rrwdiRudonc, ammdnmlo. ,canton, and mnwlidniom thereof A ho-ItuRar afonod at u tit[ "Envi mel Ldemnhfuetion A,comaa') whadn cmdn rarammidra, wanmntla, eRvmeas, apeomoac end In& nat'— ""'ng to da Prcpcny-rc cmwnnd endra lath. wsrowo OR RR 14745 GMC 1733 5. Mongagm is the fxownerofthe Propenymd Mane, otheowner and bowenorlhe Grmnlaenry Men, Mnnpgc, Gomenlau.d FaNrammle Ldeovdnwion Apmnmrd. 6. The ymmleao,y NOIy Monpp, Gumanleea and Enviro erne led m imsim Apeemmlarebmdreflermmaimm mfmd to mRetimlY uthc "Loenllamurcno". NOW, THIMPORIE, inmmidastim vftbe muival ep.I, hism exryaed and In o,dee to bi use Mongagee in Was We this Agreement, Modpeor, Guemmod, and Mongagee bmeby mMwlly .pee a fellows: ], Mongagmmd Guremon wammed«pmenttNtallmul¢Mrdnebovcasfonh- Ime ad mrma rd an itraporaWd bonen by d a mfmmma S. Mongagm and Ouarduvu.gme IM Mengagea Na em,mlid Mll, ueb and every m,m of any on) or unitive commlarctg ml.dog W the Lao ihxummu. 3. M.,,, and Gwr. ra.somI and tosesmuo M,xppeea follows: (a) Nadha Mengyor or Guomtors have Reid or become obliged to yy n a scum of no, We evMvud by Ine bam ty,,beemu, iipealy or induofly, by wry of .m conad."ine or edr.eve, diamunl, "Nrya as by my eomna, emedveece m davix wNe.a, any mm of mercy m my Ihing of vales, paten tom the —1 pnocipe mm removed from MongWc Manatee, with itemett .I to "is Wmifd in the L. Uvccatlau, and no inn. in mem. of IM per emm has been chugd or collead damneder by MW,M (b) Tame. ew W.ff., defenses m mm4aclaio i 01N paymml of he madme m cvidenmd and semond by the I m 13nrymanls elating in Wwr of Mmgagorer Guatmmrt. (c) lees Iwo Doeumema art amM1 W good atadiag Mdwt slow, ends pen of the Mongagor, Guamnwn, or Modpgm and me free of ..y mlleteN epemomu afww, the sax; the the L . Oonommms Nvc on, been modified m seeipnd in any spent, (d) i e I.wn f>a u me each weld, sending ad 1001, obtipdona of Manppr end Guawtan, minrtvble W rccedanee With tbar rmpeti s terms escept as en, mr. easy be Bedded by Nraose, or sew,nney Ww¢ or general .pplieslnen. (e) All ne sesmunma and worm oca made in the L e Wcummu are we mil amrw W all nmseend nespmu as of thedaW bamfad archerebyrosffrmol. (p Thera ben bean m enalmal W. donee in the notional emlliam of Mmpger or Ga. ai. the date of one ea«M.. and d.IWM of the lean fbam,eedls. 4. Pomp.ph 3 Of the Pmedmory Nae is hoaby nmdirmd .ad wnaed in IIa entirety 0 amm,d OR BA 14'145 PAGE 1134 read .+ follows: -i. to ern an. 1. p Ne prim- balr<aa W.anni fmm rime m rima ins, Wall laneselll fAaremnmalm'4n wnkFoAfofm Tal (th al(tN19 'fission RAN-) hon, rem of hxemn pbllakd In bna Mime wffi"immeb nm Fmm of rk prcwn [6.0%)pamwm Tbc Prime au br mkre"m aw plY whkh la ukd by ,law nde.mim i,AMrvas oY amble b"+. Lan d, I Palo bah a\oam W below Na Para AIN AM 8enoumectwudMaw Nm tlN Prime ak dom pl erwmWly repncnl Ne bmr w lokm n. "mllY ahNud m "YeAAmmerm abn dmmmmm orl<Mu. Iv Nr ewm Nm Pdnw Arrc amen IarYb rveikbk"" Wm m rekmea. uu. LaMar w01 Or cbaw r nnr ;MCA berM upon wmpeMle afommdon and infom Bamwn of AYW choice. TAa Ho 1 hemrMsr"it al All .As, lion rol nactl Iwmusn rc pcoml (] 5%) per wum a We nbe waY wllinl, w\kM am b Im. I lm minimam wNml nktheryed heramb roll rcM be Iw Ilan+b prteM (4.%L)pn emYm' 5. Pbepeph 3 of the Pmmi"ory Nob k fl a y moll➢ed eM emmdM in no antiMY to ren foll.; 9. PAli on Gema I'mi of In e d Pawl, Damretl. All vey+id wiabJNcaned cad utpA, lelmb Mian r n\aa be due"d PAYABLE ON DEMAND; PQIDFeD D@AAND, kaon ndY "crvM m Nc priaipl Wknca wbbMlM fmm lenr ro Ilene ddlhdwaM ppbk m9bMY mmrwndr. w D.N 100 l a'aand.ana rcmNe ee drY of q urtl rimy mM Nnmher. In NA mea NO (0 I du hb mr pav i (n) No Normly mp, Nooe of Nk Pmrlllrrvy N9N bNY fall And IrlinudNOcrma P" or(ail dd+PreMmay NON h" vm Nn to, Noe bmm pk in M "d m i+6M, e0 Yapmtl pAnelyrl AM menti od impritl imnmr eMll\rduemd gable In fu4 an Mrcnkv ]I, 2001 6. Mongrgar aid ( asni baeby Inify, eR SM raw. Ihn, mmimlinl Joint AM ani Ifabaicy fa l.SmmY of pre Pmmi"ary Note and pmfamnae of IM afar obliptiom undo No Loan DaeurvmdA in a.&—will, aM I., Wean(, 1. All rcf. in Ne Ian DacYrem. w the Pnnd"Dry Nae vc hoeby modified and emended w nfertethe ProMuory Nae"modifiM hool S. Except as Woman Wivireaay rrediaM, JI of IM tams, oarsmen., AM evedAOA a am ircd within Na Lara Dodumrnb Wall rmnmin in hdl force AM effea. 9. The madifanni con.iAM heroin "I na ba domed lY ba a Aniao by unY pmam w pity wmmaoevef vr., riAhl efMminga cemSimd In the fan Elocumman dplai bol. Iirri lo. Ne nam Iv Accdbam Ihm ProM+mry Nnu aM forabSe Ifis Allow, Should Monplm w (h meelan fail to Wide by the lomu of"d f.o+n Damnm."modifiM horn. 10. Modplor and aOnA..... herby raJ", Nva, and dipi Na Mmpallce 4M ika affibi oRa+a, dvedon. omploye", Alae. AM -.. AM ww. Wisidswou" jowl, eM mvmJlY, Draw ft. All"Ilona l"tiom, ckha AM denon i wbkYeva, m law or in eyWry. r913"w M W 14725 PME 1735 (A) that nn Monppf or Gannon cat had or now W. wMM known a, ualuwwn through th. datcofibir Apnnmcm; aM (b) wld.b may same, dimaly or indirectly, sdsing out of an n somraion with the Loan li arnnu o. my d<c...'ad to fomuann win ..Y of Thom. or stay aalotta. abouru, m mMua of all, Monpgcr, Cmanmon a thin, Morm., m Any of dub tmpemin afOANtt. agau. oMn.. diracwre. enpbyea, AM annuls AM as.iga, ammo{, in wbule orinpm,lbnugblhndn<ofi Agremnnl. 11, should any notiu of anumocnnetu, Motion Nan. claim of than, foul JMgmmt a lbw amtmhreac affathl, The ora c yhave ban filed ofncurd sabso,ona to thin Malgap and prior to the tirmiling hems( in aM public reads of Duval ComY• PbNd. and the Arne be uenlenW an unulisfud, or should any of the wanuviw AM inpremmnlpm of Modpgur on Guarantor cmuinW Satin W an becono bile, lads ModNwion Apennaa may h daluW by Ma racism Al A option to on .11 AM void, aM ofm force end effect. Il. Ibis Apeaunt shell h gmemed by, and sball be wmltaW And crdonW in aanrdanec with, the laws ofthc Stain: of Florida. Il. Pnccpt a heli. specifically raWlted, all of thin terms, a wnmts aM caadhionw aaaimd whine the l.wn Downavu an MAY ndfiW, n.RmnW end roefimnd and.lull conliooe in full faun And cRaa. 14, location, in this Agnantml is imatdW, or dull W doeoud or married. In wmilule or tic rowan in anomond and uibbnion army oblipsion a IbblblYofMcnpgor or Gprmtas orator thin Inn Doruraenla amyona obliplion a Iiabiblyof.aid penia in Matgager. 15. This Apes , still be b,Ming upon AM dull inure to nn, bab it of thin Monppr, Gwnotas AM ManppA AM th.a cvfcr vc bele, 1,,0 npeaettudvaa, aucmmon Ad..sips. 16 Failure by Matppe an mfacc my of thin tuna. combats of mandator oauinW loan a in tho Loan Deneaems ANI not be deaud w hold, on manhunt, a bnM waive by Mortppe of the «mc or alwolh>r of mnh tams, wvnunu or<ondiliam. 17. PacA eon every Arm son pmNsion of that Agreement is imadW m lain «vmble. In the avow Any tam.<ovmanter laariaim bolo(, a We epplicallon thaafm Any pAxAr. is a«uminW w be ilkpl, invalid at, ooadamable fir, my rwson, anch Illegali, imwlidilY or unmfmcubility dull nor alfon W< rameieua, lane and pmvidmn Man' a IN, appiation of mch pa.mbtu m WM pa not, or clnutrautntt, which amu am p wbcw Ail corm. in All taco am Arbon; provided, howew, that if the riga, of Mwp,en an Adversely afwW an, A mutt of the nliMmtion organ invidid, illegal mumafonableprovision, Monpgor AM Guam. a shell, within Ave (5) days of the damNrelion of iunlidkt ilbplitY or unalfacublliry, name and ddlva Ib Monpga a raisin Ageavmu in fon and eoaem acct babble to Mongag« which sl'wiatq m the pwmt Mort poinblc, thin abet« .Rau In thin righu of Monpga. 'Flan fall. to cmply with Nn raWtaoema otWA mi napir within nn, time A,,ified.lull annoMnA "Nun or emn of ddhuh undo din tem Dammam.. Ig. All repnamutlom And wartanlac nude ha<in, in nn Loan oocumnnh end in any OR BN 14935 PA06 1736 d[C,NnM, %NfwMe, illnesses, Or shm.1 mivped p.m hve10 Of Ihw10 M in 0. xlion hwwilhorthaewlM ehag,urviw the aeahm,a and dchle yof lhle Apewncnl. 19. Thi, Ag,senaal ray be aeWW N aw m.1 awxer erw, ah M which "I be daoved an original errs] all efwh"wb taken topdre "I andhetaan, aM the ewe Agramal. 20. Thin AgIWIwM mNYMer the aria egrMKn1 Of the WW hNetO cala11nj N she ruodlfialianaftha Lown Docmrcr. 21. MY ant all costa, lines end <npawee eeiehlg out of a in any way recant 0 we baawdiW iriewiog, bw to amilei w, Monppew thene thenfees, pnlcpl cantles, any doatr,emmy stern, or icerlgible tee dNemind to In, class .0 payade on or a w moa of this ASroeaent, a,d the eat of adaswoa. 1e MongelxS tole pdidw haoiog she nmNlnoeA pnaitY of MmllapexY Incl him on tax Prolixity acand by the MMgage shill be paid by the Monpgm. 22. MORTGAGOR, GUARANTORS AND MORTOAORE HEREBY KNOWINGLY. VOLUNTARILY AND TNIENTIONALLY WAIVE THE RIGHT ANY OF THEM MAY HAVE TO A TRIAL BY FURY WITH RESPECr TO ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WENT THIS MODIFICATION AGREEMENT AND ANY AGREEMENT CONTEMPLATED, TO BE H(RCUTBD IN CONJUNCTION HHtB\VITH. OR ANY COURSE OF CONDUCT, COURSE OR DRAILING, STATEMENTS (WIIETIDiR VHWAL OR WRITTETO OR ACTIONS OF MITER PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR SFORTOAGEE TO ENTER INTO THIS MODIpIG71014 AOREEAENT. IN WITNESS WHEREOF, this AgrumeM u cae,Med as ache day and year MI above erten. Si, ed,tdddle<rW SELVA TRESERVE, LLC r carr . .O By: hicatiFlarids Pioam. 191h, Maoapnp Mwba �L"y�..3i L.Faade,Pmldw ' lAruFm.al NOR ORIDA EO IN11C. By: , YpnNe, lYla 1 V� IA6m-L feninhlaillvidsholly I.. OR HK 14725 PAGE 1737 ��SmlfL Robert N. IndividwRy [J'� (A, niWOIG aN PmwIT pd., Nam _ Robon E Penal, M y IM n Nm �.II'ye..4Lu� ma p JtL. 0,. I- Pal. ddully . W 1a Padi{is) MnM weR.aya1) CENyR11RANK OF dACICSONVILLF, N.A. Pdrt r�cL ..A..u.T J C A.OMmdok,VkePm11dw1 STATE OF FLORIDA COUNTY OF DUVAL The Rmgoiq unnwnCnl wee eaxwad And erk.kdscd befom me WIe3_ "y of December, 2ODS, by Lau. L. F.1 , ee Prmldenl of Nodh Ron" Pi.. Inc„ a Fkdde coryoreuon, in k, p ci4y m Maoeging Member of Sdw, Prw, LLC, a Mods Rrtded i} Nltyi.wwTliebilltympany, obdalfof the Cunpany.�_-_t� or did pmdum ac ldmdficeticn. I MIRAAYMU(JNRn}}tyynA P. fi 0101 Aidmte of FImIMnLNge �.,�1mm41he rp0J61L1t My Conunirdon exyiree: ma04�: A�OIP,NII Ox fqs OR BR 14125 pA6g 1138 STATE OF FLORIDA COUNTY OF DUVAL The fogyagoing Insnvnienl was eaeculd aW ecknowldged before me Rda Oecemba.2(p8, by 4ura L Farmte, IM{vldwlly and u PrtsNort4 Fleridati.., Inc., a Rod" mMoMim. m is"f of the eaidwpporation. Sbe ' = Ily Iowwn to m did product asidmdfimtioo. MC1AgyNlyCifArzTNMIDA RY BL Sta xwmn.emmia✓'°°'" •"a my of Fbrldoet La Myrgo f.nlMdeGm Capp STATEOPFLORIDA COUNTY OF DUVAL rd. The foregoing indrnmmt was eamWed aW acknowledged before of Decomba, 2008, by Robert H. Hendricks and Robed E. Pedeg. They�¢ aid ly{sofyalo me or did produmy(y�ARu idmtifiatim. mrMYLSiARa Mehl. ;oWY RGeaa ANdppee "a �tdmmNboaDDN%s1 dM,iw�Au.Iv�RI State ofFlaside at Large My Commnsimaxpim: STATE OF FLORIDA COUNTY OF DUVAL The foragolng iaateummt was aemutN and sd wid,W before me this ..wdnY of Demrnbar, 200S, by Pala I. Rodrigues. He is pcn Ijy known to me or did pmdem f/,. t7.: nidmti0mtion. NOTARY PUBLI ic7.♦ Wa aGaiGf SateofFI ndaa Lags cv My Commission otpirm: Sr^..e41 BL M 14725 GAOL 1799 STATE 0F FLORIDA COIfNTy OFl AL =� The forcgMnB .1.m wal na W wd aolnowkd,M WM . tMa +� day of Oecambn, ]008, by CymMa A. I cmdola, oc Vic>Aaldcnl o[ CW*rBWFa41r#d- Ik, NA, a MIW OI baoldnB a 15600, on b if of the B" Sh(s 9 MUY !Hewn k mM u did protluea uldmlitrwhc , a 3 dl id .,e My Convnmu.n QBha4 2wunwL4anwBuwn 0.Gpw AIdryryrr.. m'%=ALa�om.Il Doc 8 2009309117, OR BK 15110 Page 847, Number Pages: B, Recorded 12/28/2009 at 03:35 PM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $69.50 Prep.. d by: R. Gecc Aldridge, Esquire Fowler white Boggs P.A. 50 worth Laura Scram, suite 2900 Jacksonville, Florida 32202 53044.509D539 Return to: CemarBmk o0ackeonNlle, N.A. 1325 Hendrick. Avenue +' Jacksonville, Florida 32207 a t ]MODIFICATION AGREEMENT THIS AGREEMENT, made this IBA day of Occember, 2009, by SELVA PRESERVE, LLC, a Florida limited liability company, whose mailing address is 248-3 Levy Road, Atlantic Beach, Florida 32233 (the "Mortgagor"), NORTH FLORIDA PIONEERS, INC., s Florida corporation, LAURA L. FERRANI'E, ROBERT H. HENDRICKS, ROBERT L PERRETT and PETER J. RODRIGUES, whose mailing address is 248.3 Levy Road, Atlantic Beech, Florida 32233 (each a "Guennmr" and collectively rhe "Guarantors') and CENTERBANK OF JACKSONVILLE, N.A., a national banking mociation, whose address is 1325 Hmidricks Avenue, Jacksonville, Florida 32207 (the "Mortgagee'). This Agreement shall be binding upon and inure to the beneth of the panics hereto, their heirs, legal representatives, successors and assigns. fTSaII11Ei!6� I. On November 9, 2006, Mortgagor made and delivered to Mortgagee a Promissory Note in the mated principal amount of$750,000.00 (which promissory note, together with any and all «newels, replacements, substitutions, restatement, modifications, amondmsB, connections and consolidations thereof is hereinafter referred to as the "Promissory Note'). 2. On November 9, 2006, Mortgagor made and delivcmd to Mortgagee, as security for the Promissory Note, a Mortgage and Security Agreement encumbering the property described therein (the "Property"), which mortgage and security agreement is recorded in Official Records Book 13654, page 263 of the current public records of Duval County, Florida, (which rtwngng, and security Agreement, together with any and all renewals, replacements, substitutions, restsmmants, modifications, amendments, extensions and consolidations thereof i. hereinafter referred to as the "Mortgage'"). 3. On November 9, 20D6, Guarantors each made and delivered to Mortgagee an Absolute, Unconditional and Continuing Guaranty guaranteeing payment and perf«mertee of, among other things, the Promissory Note and Mortgage (which guarantees together with any and all renewals. replacemoms, substitutions, restasemenH, modifications, amendments, extensions and consolidations thereof am hereinafter referred to as the "Guarantees'). 4. On November 9, 206, Mortgagor and Guarantors made and delivered to Mortgagee that certain Environmental Indemnlfiea0s Agreement (which environmental indemnification agreement, together with any and all renewals, replacements, substitutions, rcstaremonts, modifications, amendments, entomions and ooroolidations thmoof is hereinafter selar d to as the "Environmental Indemnification Agreement") wherein certain represstations, warranties, covenants, agreements and indemnitees relating to the Property are contained and set forth. 1.41=0 OR 13K 15110 PAGE 848 S. On November 10, 2008, Mortgagor, Mortgagee and Guarantors entered into that conn Modification Agreement (which modification agreement, together with any and all renewals, mplatuments, substitutions, restatements, modifications, amendments, extensions and consolidations thereof is hereinafter referred to as the "Modlfscation Agreement'), wherein cortism terms of the Loan Documents (as hereinafter defined) were modified and amended and which Modification Agreement is recorded Official Records Book 14725, page 1732, of the current public records of Duval County, Florida. 6. This dam, Mortgagor has made and delivered to Mortgagee a mawel promissory note in the original principal amount of $712,500.00 (which renewal promissory note, together with any and ell renewals, replacements, substitutions, restatements, modifications, amendments, extensions and Consolidations thereof is hereinafter referred to as the "Renewal Note"), payable as detain specified, which Renewal Note renews the unpaid principal balance of the Note. The maturity date of the Renewal Nene it the earlier of(i)ON DEMAND or (h) December 10, 2024. 7. Mortgagor is the fse owner of the Property and Mortgagee is the owner and holder of the Promissory Now, Mortgage, Guarant e%, Environmental Indemnification Agreement, Modiftiction Agramem and Renewal Nom. S. The Prombapry Nota, Mortgage, Guarantees, Environmental indemnification Agreement, Modification Agreement and Rorwwd Nolo arc hereinafter sometimes referred to eeliecdvely as the "Loan Documents". NOW, THEREFORE, in consldemtion ofte mutual covenants herein expressed and in order to induce Mortgagee to enter into this Agreement, Mortgagor, Guarantors, and Mortgage hereby mutually agree as follows: I. Mortgagor and Guarantors warrant and represent that all recitals hereinabove set forth are true and correct and arc incorporated herein by this reference. 2. Mortgagor and Guarantors agree that Mortgagee has complied with each and every term of any oral or written commitment relating in the Loan Documents. 3. Mortgagor and Guarantors warrant and represent to Mortgagee as follows: (a) Neither Mortgagor or Guarantors have paid or become Obligated to pay on account of the loan evidenced by the Loan Documents, directly or indirectly, by way Of any commission or advance, discount, exchange or by any contract, contrivance or device whaleves, any am of money or any thing or value, greater than to actual principal sum received from Mortgagee together with interest at the rate specified in the Loran Documents, and me Interest In excess of 18% per annum has been charged or collected thereunder by Mortgagee. (b) There are no setoffs, defenses or counter -claims to the payment of the indebtedness evidenced and secured by the Loan Documents existing In favor of Mortgagor or Guarantors. (o) The Loan Documents are each in good standing without default on the aAeggvt OR BR 15110 PAGE 849 part of the Mortgagor, Guarantors, err Mortgagee and are free of any collateral agreements affecting the same; that the Loan Documents have rat been modified or assigned in any respect. (d) The Loan Documents are each valid, existing and binding obligations of Mortgagor and Gmanlors, enforceable in accordance with their respective terms except as such enforcement may be limited by bankruptcy or insolvency laws of general application, { (e) All representations and warteraies made in the Loan Documents are true and correct in all material respects as of the date hereof and are hereby reaffirmed. i (f) There has been no material adverse change in the financial condition of Mortgagor or Guarantors sin" the date of the execution and delivery of the Loan { Documents. 4. Mortgagor and Guarantors hereby ratify, affirm and raffnren their continuing joint and several liability for payment of the Renewal Note and performance of the other obligations under the Loan Documents in acro dance with the terms thereof. 5. All rcfemncec in the Lan Documents to the Promissory Note arc hereby modified and amended to refer to the Renewal Note. 3 6. Except as herein specifically modified, all of the terms, covenants, and conditions contained within the Loan Documents shall remain in full force and effect. 7. The modification contained herein shall not be deemed to be a waiver by any person or party wbamaoever of any right of Mortgagee comained in the Loan Documents, including, but not limited to, the right to accelerate the Renewal None and foroelose live Mortgage should Mortgagor or Guarantors fall m abide by the terms of said Loan Documents as modified herein. S. Mortgagor and Guarantors hereby remiss, release, and discharge the Mortgagce and its affiliams, offerors, directors, employees, agents and wcceason and assigns, individually, jointly and annually, of end from all action and actions, claims and demands whatnx,mr, in law or in equity: (a) that the Mortgagor or Guarantors ever had or now has, whether known or unknown through the date of this Agreement; and (b) which may acerue, directly or indirectly, arising out of or in co0nection with the Loan Documents or any document executed in connection with any of them, or any actions, inactions, or conduct of the Mortgagor, Guarantors or the Mortgagee or any of their respective affiliates, agents, ofli"re, directors, employees, and successors and assigns, occurring, in whale or in part, through the dale of this Agreement. 9. Should any notice of commencement, mortgage, lien, claim of lien, final judgment or other encumbrance affecting the Property have been filed of record subsequent to the Mortgage and prior to the recoding hereof in the public records of Duval County. Florida and the same be unreleased or unsatisfcd, or should any of the warranties and representations of Mortgagor or Guarantors contained etaanas.r OR BK 15110 PAGE 850 a herein be or became false, This Modification Agreement may be declared by Mortgagee, at its option, to be null and void, and of no force and effect. t I 30. This Agreement shell be governed by, and shall be conawed and enforced in accordance with, the laws of the Slate of Florida. H. Except as herein specifically modified, all of the terms, covenants and conditions ! contained within the Loan Documents are hereby ratified, reef firmed and confirmed and shall continue in J full force and effect i 12. Nothing in this Agreement is intended, or shall be deemed or construed, to constitute or be a novation or an accord and satisfaction of any obligation or liability of Mortgagor or Guarantors under the Lean Documents or any other obligation or liability of said parties to Mongagee. 13. This Agreement shall be binding upon and shell inure to the benefit of the Mortgagor, Guarantors and Mortgagee and their respective heirs, legal representatives, tucceraors and assigns. 14. Failure by Mortgagee to enforce any of the terms, covenants or conditions contained herein or in the Loan Documents shall not be deemed to imply or constitute a further waiver by Mortgagee of the same or any other of such terms, covenants or conditions. j 15. Each and every term and provision of this Agreement is intended to be severable. In the event any temp, covenant or provision hereof, or the application thereof to any person or circumstance, is determined to be illegal, invalid or unenforceable for any reason, such illegality, invalidity or unenforceability, shall not affect the remaining terms and previsions hereof or the application of such provisions to other persons or circumsurns s, which terns and provisions shall remain in full force and effect; provided, however, that if the rights of Mortgagee am adversely affected as a resuh of the elimination of the invalid, illegal or uncnPorceable provision, Mortgagor end Guarantors shall, within five (5) days of the determination of invalidity, illegality or unenforceability, execute and deliver to Mortgagee a revised Agreement in form and content acceptable to Mortgagee which eliminates, to the gramit extent possible, the adverse affects to the rights of Mortgagor. The failure to comply with the requirements of this paragraph within the time specified shall constitute a default orevent of default under the Loan Documents. 16. All representations and warranties made herein, in the Loan Documents and in any document, certificate, agreement or statement delivered pursuant hereto or thereto or in connection herewith or therewith shall survive the execution and delivery ofthis Agreement. 17. This Agreement may be executed in ono or more counlerpams, each of which shall be deemed an original and all of which taken together shall constitute one and the same Agreement. IS. This Agrcemem constitution; the entire agreement of the parties hereto relating to the modification critic Loan Documents. 19. Any and all costs, fees an0 expenses arising out of or in any way related an this transaction including, but not limited to, Mortgagee's attorneys' fees, paralegal charges, any documentary stamp or intangible tax determined to be due and payable on or as a result of this Agreement, and the cost of endorsements to Mortgagee's title policies insuring the continued priority of Mortgagee's fins lien on g111Nlavl OR RR 15110 PACE 851 the Property secured by the Mortgage shall be paid by the Mongagoc 20. MORTGAGOR, GUARANTORS AND MORTGAGEE HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT ANY OF THEM MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS MODIFICATION AGREEMENT AND ANY AGREEMENT CONTEMPLATED, TO BE EXECUTED IN CONRJNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACHONS OF EITHER PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR MORTGAGEETO ENTER INTO THIS MODIFICATION AGREEMENT. IN WITNESS WHEREOF, this Agreement is eza:uted as of the day aad year first above written. sealed and delivered osence of: n SELVA PRESERVE, LLC By: Northpjoride Pioneers, I�., Managing Member are L. Pe ale, Prosidenl 0bort E. Parrett, Individually tzs.tns.i 5 OR BIC 15110 PAGE 052 Prin Nam / (AS W 14cn&Icb wd "auaal !7 n Pnnl Name: ✓L _N�ra1U (AS w MS,160b and l udriyun} ! L � •a su3:a: Robcrt H. Hendricks, Individually P aJ i ividually CENTERBANK OF JACKSONVILLE, N.A. plyaa Paul T. Watson. VicoPresident STATE OF FLORIDA COUNTY OF DUVAL The foregoing instrument was executed and acknowledged before me this day of Deccmbeq 2009, by Laura L. Ferrante, Jndividualh, and as President of North Florida Pioneers, Inc., a Florida corporation, in its capacity as Managing Member of Selva Pmscrve, LLC, a Florida limited liability company, on behalf of the Company. She is personally known to me or did produce fL jf. as identification. �--- asainUt 6 ,IOTA Y xaT,IRVRT�1!.a-,ItE ign 1 y Ji, liana I:idt�pC print AUG. 19,101! State of Florida at avmmmv mesaxevamwc0.an My Commisslon expires: asainUt 6 OR BK 15110 PAGE 853 j i STATE OF FLORIDA COUNTY OF DUVAL The foregoing instrument was executed and acknowledged before me this (jam day of December, 2008, by Lawn L. Ferrante, ao President of North Florida Pioncers, Inc., a Flonda corporation, on behalf of the corporation. She is personally known to me or did produce as identification. rc.rar MMUesr.6r M110gxemA CSwr p GM Aid"0665x oCFlorida at Large My Commission expires: STATE OF FLORIDA COUNTY OF DUVAL p te,.r e. p4rA- The foregoing instnanrn "yd(�s executed and acknowlcdged before me this %k day of December, 2009, by ft'M. i' oTtgnes. He is personally to me m did produce as identification. gt&= lteraaYPOaIicG Alddxcooe aadgcDl01652AUG. 19,2011 s°"'5Th AnA^'abeY°i0MM My Commission expires: STATE OF FLORIDA COUNTY OF DUVAL The foregoing instrument was "muted and acknowledged before me this _&� day of December. 2009, by Robert H. Hendricks and Peter J. Rodrigues. They arc personally known to me or did produm',, {gvnCa as identification. _CT' JJ 'alM OMY NOTIC wrCOEuuSfa roo5rorer Is asm. oraia.stam print State of Flori at Large My Commission expires: uumr.t OR BK 15110 PAGE 854 STATE OF FLORIDA COUNTY OF DUVAL The foregoing instrument was executed and acknowledged before me this 2�— day of December, 2009, by*Paul T. Watson, as Via -President of CenterBank of Jacksonville, NA., a national banking association, on behalf of the Bank. He is personally known to me or did pmduce as identilcmion.ir—��f7 u print State of Florida at Large My Commission expires: c0ROrL"PW 4TatEUa rnwgietibs E�wed'oa DD744a52 aaateauwpilte: r pi.4y Doc 1 2006403579, OR IK 13654 Page 205, Number Pages: 7, Filed s Recorded 11/21/2006 at 10:32 AM, JIM FULLER CLCRR CIRCUIT COURT DUVAL COUNTY RECORDING $61.00 STATE OF FLORIDA UNIFORM COMMERCIAL CODE FINANCINGSTATEMENT FORM _ A NAME DA I UMMENUMRER DF MWACt PERSON C,NhuA LuMOAok SARNOACINOW.E EY Nanu• e'cmer0onk nfJud.wmrIll, N A. AJJIa, 92.5 Emddcks Awn. P o"s,ill _he .'ale. Nond. 32x01 TQ ABON EPAGI6 EOl n2aMG OPTIC[ YEE M4.Y oee- (.DEBTOR'S EXACT FULL MAL NAM[ - MSERTONLO pBBIDRNAMEle OR 16-MNq AbM .,CMe N IA RAN TN)N'S NAME SELVA PRESERVE,LLC IF NbIVIDJA12S WT NAME PI AME MIOD1b NAME SUFTIX Ie.MAEJNOA _ CITY STATE POSF W IOORY 240.3 Lwvy Rod Atum is Sol FL 32233 WA I I RECMI ADDL le. ADA I. D FORD OA IE AL1 105)344)0 RE'.ORGANDAl10N 1,16d Hill eonPMv ilm6 1Od006101)Sp 1. ADOIRON DEBTOR'S EXACF,IA. u2GAL NAM[-MSERT ONLY OX[pF8I0R NAME OR i1 -Do Nq AMrevW wCoebie NAns A NA 21, 1NDI IDW1:5 LMiTNAME MUTNAAW SlJFFIX R. MAII.MOADORES'. CRY 6TATE bTAL E C Y -7d FAX IDE REOII6ED 'LIN, ORD .AT[1N f 2 DXTI N DF DA 2a. TgNAL IpI RE. OROANDA110N 3. usLOPMTY'S NAMLw NAAHIMTOTAL ABf wf 8 ORS"-INVV1LTQNLY ON[E PAAIEY HOUSEShOR24 M.OREANUATION15NALM. CENTERRANK OF JACKSONVILM NA. b INUIVIOUAL SKAS NAME EIREENAIlIE MID U,MA1LINUA ORE55 CITY llALS Ppb AL C 1323 N A v= I I= DSA 4. "is FINANCINGSTATEMENTmn eefollowi%Mp¢N'. SEE EXHIBITS W A"%D "B" ATTACHED HERETO AND BY THIS REFERENCE MADE APART HEREOF. FXyled by R.QMANdie,Fix Wm Po.lw eYxe Byp B4Na v.n. N NMJh 4w EPeN. SMIe 3xOP 1Wmv1EARgM4l21AR S.ALTERNATEDESIONA7PON (IfgplwENvx' (.C8HEB4.ELTCI ODXBICIRHMCONSKIXOR BAOIEBAIIDR AQ. {.R1 _ NgJ•UOC RLMO SBYJR/BWER I A.PlEe1BE lHD&W *ABY BFAM1 TAR -YOU ARERB BIRED70(HECK BPLACILY 026 BOX ® All dooumrnUry ecmlu Jve wd PEyEbkabbmoes dueRd pryLNe p ssendlo E. 20121 F.R.,xrwbem P.M. ❑ FbndE Dormmmery SNnp Tx I. AM mpiead. 7.OF7MIIA3. FILIA REPIRINCE DATA kTA*DAkDFMM-llMIl .cINP11 FEAR AgnwJ lTOeeweh,Jw 6hy Bww MiNNG 1Po437 OR BE 13654 PAGE 206 STATE OF FLORIDA UNIFORM COMMERCIAL CODE FINANCING STATEMENT FORM — ADDENDUM 1. NAME OF FIRSTDE6T0R O WR MON RELATED FINANCING STATEMM It O 0 ANI A O 'S VAMP. Sel•R Prerav, LLC Bb;INDIVI A.SLAST NAME FIR NAMIE I M N F I SUPPIW- 9 1 A L: g IX Ift, MAILING ADD S 10. iOfACf MYgLGALNAMC-DI\ERT ONLY ONE OEElM NAMEI. OR iM- DO Na A\bereNew Cmbee Nuel I ttL. ROAN NAME 101, MDIVIDUAL'S IST SAhlE F 6T AM MD)DL¢N E g IX Ift, MAILING ADD S en STATE FOETAL Y EM1011 DLIN "INTAX"" ON FA \5 g N LSTMEDV'OA V RRSNAME MDENAME % c. ALIADES CRY STATE ALMM ee.N Y }�IEH FdANCMO gTAIEMENTcwpr QpmbvbbeMpr �I M<tpMlad dolWml,wlr OlW ere ®firpM Ming. IS. Atl:Ytiaxl calYlml6Nccriptie¢ O pavaiplAn of:wl Nme: See Rshbp-W Hue%e!M+ao rM by No refw croeder W Emof 11 NerM W W= RECORD OWN ER Mebo,dwehW DPI ,em (iF13h w bvH eM herea.* IMRaII: I\. beMa ROh MN be. pce0m11 Epdn IT. COeebgNN uJ eheob ah, eee\aa. Dilorb a TRANSMDTMO UIILT' Fi W Ncpwxdw RM of halW30year fl Id'm aurclbn uiU p NNio-Plwrs TnlurmlOn - eNadMa 30 yan STANDARO FORM FORM UCC -1 ADDENDUM DIEV.1Y 1) MYg W. Coy Appre d by the lberttlryef gore, Stale of Mrlde emm OR BK 13654 PAGE 287 EXHIBIT "A„ All of the following described property, whether now owned or hereafter acquired and which is now or hereafter located upon, or used, useful or necessary to the operation of the real property described on Exhibit "B" (the 'land") together with any and all substitutions, replacements, replenishments, products and proceeds thereof: (a) All buildings, structures and other improvements of my as= now or hereafter located or created in whole or in pan on the Land or the Appurtenances regardless of whether physically affixed thereto or savored or capable of severance therefrom (the "Improvements"). (b) All additional lards, real property, estates and development rights hereafter acquired by Deblor for use in connection with the Lod and the development of the Lard that may, from time to time, by supplemental mortgage or otherwise be expressly made subject to the lim of this Mortgage. (c) All easements, rights-of-way or use end all other rights of my name whatsoever appurusunt to the Lord or the Improvements, or both, and all atripe and gores of land, streets, ways, alleys, pawagcs, sewer rights, drainage rights, water rights, air rights, oil, gas, mittarel, riparian, littoml and development rights, whether now existing a hereafter arising, all rights of ingress and egreae to the Land and all adjoining property and my improvements of Debtor now or hereafter located on my of such real property and interests therein and all senates, rights, titles, interests, privileges, liberties, servitudes, tenements, hereditaments and apponmmces of my nature whatsoever, in my way now or hereafter belonging, relating or patenting to the Land and Improvements and the reversion and reversions and remainder and remainders thereof and all right, title and interest in my land lying in the bed of my street, road or avenue, opened or propoeed, in front of or adjoining the land and all homestead and dower lights, rights of property, possession, claim and demand whatsoever, both at law and in equity of the Debtor in and to the Land and Improvements, and every pan themof(the "Appurtenances"). (d) All right, title and interest of Debtor in and to all machinery, equipment, fixtures, inventory, goods and all other tangible personal property of may kind and nature whatsoever now or hereafter owned by Debtor, or in which Debtor now or hereafter has an interest, and which are now or hereafter (i) located, attached or affixed to the Lard, Improvements or Appurtenances, (ii) located upon or about the Land, improvements and/or the Appurtenances, regardless of whether physically affixed thereto or severed or capable of savermce therefrom or (iii) used, useable, intended to be used, necessary or adapted for the present or future construction use, operation or occupancy of the land and Improvements, together with all replacements, replenishments, substitutions, additions, accessions, products and proceeds thereof The property and interests described in and moumbered by this subparagraph we hereinafter refereed to as the "Personal Property" and includes, but is not limited to, all machinery, equipment, apparatus, systems and material of ovary nature and description for lighting, hearing, cooking, refrigerating, plumbing vacuum cleaning, air conditioning, heating, the I M40 OR BA 23654 PAGE 288 transmission of sound, fire prevention and extinguishing, including all sprinkler systems; ell motors, engines, dynamos, generators, boilers, pumps, tanks, ducts, fixtures, fittings, elevators, switchboards, furniture and fmnishinga; ell signage and recreational amenities including, without limitation, all swimming pools and associated equipmrnl and supplies, "elm" equipment, tennis courts, clubhouse furnishings and saunas; all laundry equipment; all building materials; all office equipment and office supplies; all fimtaces, stokers, atom, heater, ranges, fuel, rehigerarms, kitchen cabinets, bathroom fixtures and equipment, awnings, window screens, window shades, vmetim blinds, screen doors, combination windows, and combination doom, storm doors and storm windows; all radios and television sets; employee's uniforms, superintendent and janitorial supplies, carpets, rugs and other floor coverings. The mumaation of any spedfie items or articles Of property shall not exclude any items of property not specifically mentioned. (e) All right, title and interest of Debtor in and to all leases and other agreements affecting the use, enjoyment or occupancy, of all or any part of the land, Improvements or Appurtmencea (the "Leases', whether now existing or bereaRer arising, whether entered into before or after the filing by or against Debtor of any petition for relief miler 11 U.S.C. 11101 at seq. (the "Bankruptcy Code"), ea the same may be amended from time to time and all amendments, modifications, replacements, substitutions, extmsione, renewals and consolidehons thereof and all right, title and interest of Debtor, its successors and assigns therein and thereunder, including, but not limited to, all rents, incomes, issues, revenues and profits (including all oil, gas and other mineral royalties and bonuses) in any manna arising from the Land, Improvements, Appurtenances, Personal Property, or any combination thereof, all security deposits, cash, securities or other property deposited, issued or pledged thereunder to secure the peribnnance by the lessees of their obligations thereunder whether paid on accruing before or after the filing by or against the Debtor of my petition for relief under the Bankruptcy Code (the "Rents") and all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the indebtedness secured hereby, reserving, however, to the Debtor for w long as the Debtor is not in default hereunder, the right to receive and retain the Rents subject to the other terms and conditions hereof. (f) All judgments, proceeds, awards of damages, payments and settlements, including interest thereon, which may haretoirm or hereafter be merle resulting from condemnation proceedings or the laking of the Lend, Improvements, Personal Property and Appurtenances or any part or combination thereof under the power of eminent domain (including, but not limited to my conveyance or transfer made in Jim or in anticipation thereof), or for any damage (whether cured by such taking or otherwix) to the Land, the Improvements, Personal Property or the Appurtenances or my par thereof, including any award for change of grade or streets and my other injury to or decrease in the value of the Land, Improvements, Personal Property or Appurtenances. (g) All proceeds of and my unearned premiums on my insurance policies covering the Land, the Improvements, Paw" Property and the Appurtenances, or my par Rnereof, including, but not limited to, the right to receive and apply the proceeds of my insurance payments, awards or judgments, or settlements made in lira thereof, to the lwlsw OR BIS 13654 PAGE 269 repair of the Improvements or to the indebtedness secured hereby (h) All refunds, rebates and credits issued, made or ordered in connection with any reduction in real estate taxes and assessments made, charged or levied against the Land, Improvements, Personal Property or Appurtenances as a result of tax certiorari or spy application or proceedings for reduction. (t) All right, title and interest of Debtor in and to all trade names, project names, trademarks, sarvicmmrks, logos, copyrights, goodwill, slogans, and books and records specific to or mod in connection with the operation of the Land, Improvements, Personal Property, Leases and Appurtenances, whether now existing or hereafter arising. (j) All right, title and interest of Debtor in, to and under any and all agreements, contracts, certificates, instruments, franchises, permits, licenses, plans and spocifiestions, written or oral, express or implied, and now existing m hereafter entered into or arising, respecting, pertaining or in any manner relating to the we, occupation, construction, development, management, operation, sale, conversion or other disposition of the land, Improvements, Personal Property, Appurtenances, leases and Renta, or my pan or combination thereof or respecting any business or activity conducted on the Land or any pat thereof (the "Contract Rights"), including, but not limited to, all right, title and interest of Debtor in, to and under all franchise a(poomcnts, tenant leases, sales contracts, reservation deposit agreements and any and all deposits, prepaid items, and payments due or to become due thereon and thereunder, and also including, but not limited to, all contracts and agreements relating or pertaining to maintenance, on site security services, landscaping services, building or project management, marketing, (easing, sales and janitorial services; Debars interest M lessee in and under all equipment leases, including telecommunications, computers, vending machines, model furniture, televisions and laundry equipment; and Debtor's interests in construction end development contracts (including architectural and engineering plans end specifications relating to the Land and Impmvcmcuts), service contracts, use and access agreements, advertising contracts and purchase orders; and all governmental or quasi -governmental approvals, permits, licenses, certifiestes, developer rights, vested rights relating to concurcrcy and under any Planned Unit Development and Development of Regional Impact, and any other project, zoning or land use approval whatsoever. Notwithstanding the fetegoing, Secured Party will not be bound by any of the obligations of Debtor under any of the foregoing contracts unless and until Secured Party elects to swmne any of such contracts in writing. (k) All proceeds of the conversion, whether voluntary or involuntary, of any of the foregoing including, but not limited to, proceeds of insurance and condemnation awards, into cash or liquidation claims. (1) The right, in thermos and on behalf of Debtor, to commence any action or proceeding to protect the interest of Secured Party in the Land, Improvements, Personal Property, Appurtenances, Ltases, Rants and Contract Rights and to appear in and defend IW2N6 OR RK 13654 PACE 290 any action or proceeding brought with respect to the Land, Improvements, Appurtenances, Losses, Rents or Contract Rights. (m) All contract rights, commissions, money, deposits, certificates of deposit, letters of credit, doomnents, instrmnmts, chattel paper, accounts and general intangibles [as such terms are Item time to time defined in the Unifprm Commercial Code as adopted by the State of Florida (the "Uniform Commercial Code)] now existing or hereafter entered into or arising, respecting, pertaining or in my manner relating to the use, occupation, construction, development, management, operation, sale, conversion or other disposition of the Lend, Improvements, Personal Property, Appurtenances, Leasers AM Rents, or any pan or combination thereof or respecting my business or activity conducted on the l.mrd or any pm thereof. (n) Any and all obligations of the Secured Party to Debtor, its general partners, if applicable, and all endorsers, sureties, guarantors, and all others who are, or who may beoome liable for the payment of the Note, all deposits or other sums at my time credited by or due from Secured Party to such persons (including, but not limited to, all demand deposit accounts, checking accounts, savings accounts, capital market accounts, money market accounts, certificates of deposit and all other accounts of my nature or type whatsoever maintained by such Paramus with Sawed Party) together with my and all monies now or hereafter held by Secured Party, including, without limitation, all monies held in escrow by Secured Perry pursuant to the terms hereof and all proceeds of haaard insurance policies and all condemnation awards. (o) Any and all other rights of Debtor in and to the items set forth above. ,so;aw l OR BR 19654 PAGE 291 A PORTION OF SECTIONS 16 AND 11, ToNNSWP 2 l5gpyMR1I,� AE COUNTY. FLORIDA. BEING A PORTIDN OF THOSE LINOi' RECORDS VOLUME 013, PAGE 320, OF ME OJIM DIT ONVAL COUNTY, FLORIDA AND BEING MORE PARTCUI.NRC FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE NTERSECTIQH OF THE WESTERLY RIGHT OF WAY LINE O SEMNOE ROAD (A 100 FOOT RISHT OF WAY FXBIBIT B AS NOW ESIAEIL19HE0) NTH ME NORMERLY RIGHT OF WAY ENE Of TUM LD AN D'l RET. A CHORD BEARING ANO DISIMa OF NORM 3113'00'.V.EST. 24.A8 FEET TO ME PONT O TANGENCY O' SAD CURIE; 1NENCE NORM 2410`OO' WEST. A DISTANCE OF 150,91 FEET TO ME PONT OY "Of HMOGg1G�ME SWMWEiTERLY, HAMNG A RADIUS OF 900.00 RET; MUIOE KOVO SM CURIE. AN ARC I.ENGM a 3059 FEET, A WOW B3ANN; AM9 DISTANCE OF NORTH 35'50'00' WEST, MIMS MET TO THE "I OF TM6SNCY OF SAID CUMYE. SAID PONT KONG ME 60UlMERLY CONDI OF TRACI 'A'. AS BNOWI ON SAID PLAT OF SELVA LINKSIDE UNIT NO. 1; THENCE NORTH ]1-404' EAST. 400 INE EASTERLY UNE OF SKID TRACT 'A', A DISTANCE OF 10.04 FEET, THENCE NORM 7413'00' NEST, ALONG THE NORTHERLY LINE a SAID TRACI'A*. A DISTANCE OF 140.00 RET; THENCE SOUTH 33'49'00' NEST, A DISTANCE O 30.00 FEET, TO A PUNT ON ME EASSMY LINE O LOT 30; OF SND A LANDS DOMIRIIS0 N "ENT PUBLIC RCCOR EAST. ALONG ME S OAM SM. A DRTAMM UNE OF SENA MAR !. OF TME OURRENT E TH 16U'OK" EAST. ME MOST NORTHERLY i BOOK JT, PAGES % SAID OUVAL COUNT *w Tor o 31T�BSNO TN HAWN A 01016 W TO UNE SlYlMYk91FA ILLI ID A PMI UN ME NDRTHERLY LINE O THOSE LAWS DES M N OFFICIAL RECORDS BOOK 595. PAGE 983; THENCE SOIM 83.42'00' NEST ALMS ME NORTHERLY LM O LAST SAID LANDS, A DISTANCE O 25.00 ME11. THENCE SOUTH 0693'00' EAST, ALONG THE MSTERLY LINE OF SAO OFTIGAL RECORDS BOOK 595. PAGE 751 A DISTANCE OF 0.00 RET 10 ME PONT OF BEGINNING. 3EIMc THE SAME LANDS AS DESCRIBED IN .KIOA1 RECORDS V uME 8373. PACE 320. OF ME CURRENT PUBLIC RECORDS OF SAID OUVAI DDIUNTY, FLORIDA. a$$ PND EXCEPT THOSE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 7910. PACE 958 O THE CURRENT PUBLIC RECORDS OF DUVA COUNTY. FLOSCA, DEPARTMENT OF THE ARMY 00R�LYTO JACKSONVILLE DISTRICT CORPS OF ENGINEERS POST OFFICE 80%4970 JACKSONVILLE, FLORIDA 12232 July 25, 2016 RnEMpX OF Regulatory Division North Permits Branch Jacksonville Permits Section SAJ-1992-00736 Selva Preserve, LLC Attn: Ms. Laura Ferrante 248 Levy Road Atlantic Beach, Florida 32233 Dear Ms. Ferrante: The U.S. Army Corps of Engineers (Corps) has completed the review and evaluation of your Department of the Army permit application, number SAJ-1992-00736. Our regulations require that you have an opportunity to review the terms and conditions prior to final signature by the Department of the Army. Enclosed is an unsigned Department of the Army permit instrument (permit). Please read carefully the Special Conditions beginning on page 2 of the permit. These were developed to apply specifically to your project. Water Quality Certification is also required prior to issuance of a perk. The Corps has received a copy of the State of Florida certification for your project. In accordance with General Condition 5 of the permit, any special conditions of the Water Quality Certification have been attached to the Department of the Army permit. Instructions for Objecting to Permit Terms and Conditions: This letter contains an initial proffered permit for your proposed project. If you object to certain terms and conditions contained within the permit, you may request that the permit be modified. Enclosed you will find a Notification of Administrative Appeal Options and Process fact sheet and Request for Appeal (RFA) form. If you choose to object to certain terms and conditions of the permit, you must follow the directions provided in Section 1, Part A and submit the completed RFA form to the letterhead address. In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria under 33 CFR Part 331.5, and that it has been received by the District office within 60 days of the date of the RFA. Should you decide to submit an RFA form, it must be received at the letterhead address by September 23, 2016. -2 - Instructions for Accepting Terms and Conditions and Finalizing Your Permit: It is not necessary to submit an RFA form to the District office, if you do not object to the decision in this letter. In this case, the permit must be signed by the applicant in the space provided on the signature page of the permit. In the case of corporations, acceptance must be by an officer of that corporation authorized to sign on behalf of the corporation. The party responsible for assuring the work is done in accordance with the permit terms and conditions must sign the permit. Please type or print the name and title of the person signing below the signature and the date signed. SIGN (PAGE 6) AND RETURN THE ENTIRE PERMIT, INCLUDING ALL ATTACHMENTS, TO THE LETTERHEAD ADDRESS, ALONG WITH A CHECK OR MONEY ORDER FOR $100.00 MADE PAYABLE TO THE FINANCE AND ACCOUNTING OFFICER, JACKSONVILLE DISTRICT. The permit will be signed by the District Engineer or his representative. The Corps will add the permit expiration date to the permit, the permit issuance date on the Notice of Department of the Army Permit forth, and return the permit to you. Itis important to note that the permit is not valid until the District Engineer or his representative signs it. Thank you for your cooperation with our permit program. The Corps' Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to complete our automated Customer Service Survey at http://corpsmapu.usace.army.miVcm_apex/f?p=regulatory_survey. Please be aware this Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Your input is appreciated — favorable or otherwise. If you have any questions concerning this application, you may contact Mark Evans in writing at the letterhead address, by electronic mail at mark.r.evans@usace.arny.mil, or by telephone at 904-232-2028. Sincerely, 1-u-..,RKatt Donald W. Kinard Chief, Regulatory Division Enclosures Copy Furnished (w/o encls): Mr. Ryan Carter, CES, 7 Waldo Street, St. Augustine, Florida 32084 INISTRATIVE APPEAL OPTIONS AND PROCESS AND ¢ _. L licant Salva Preserve LLC Fle Number SAJ-1891-06798 Date: July 25 2016 Attached is: See Section below % INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an ad..n;stretive appeal of the above decision. Additional information may be found at http,miVCECW/Paqes/reom t rials as x or Cors regulators at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT'. You may accept or object to the permit. ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signatureon the Standard Permit or acceptance of the LOP means that you accept the permit in its entirely, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the forth to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your wncems, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the perm8, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This forth must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this farm and sending the forth to the division engineer. This forth must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new Information. ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this forth and sending the form to the division engineer. This forth must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. nrabUNb I -UK ArreAL Un UIJJtU I IUrvb: (Uescnbe your reasons Tor appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the If you have questions regarding this decision you may If you have questions regarding the appeal process you contact: may contact: Jason W Steele Project Manager as noted In letter Administrative Appeals Review Officer USACE — South Atlantic Division 60 Forsyth Street SAF, Roan 10M15 Atlanta, Georgia 30303-8801 404 5625137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of arm, site investigation. and will have the oDwrtunity to participate in all site investioations. Signature of appellant or agent. DEPARTMENT OF THE ARMY PERMIT Permittee: Salva Preserve, LLC Attn: Ms. Laura Ferrante 248 Levy Road Atlantic Beach, Florida 32233 Permit No: SAJ-1992-00736 Issuina Office: U.S. Army Enaineer District. Jacksonville NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the U.S. Army Corps of Engineers (Corps) having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: The permittee is authorized to discharge clean fill material over a total of 1.12 acres of waters of the United States (wetlands) to facilitate the establishment of a residential subdivision. The work described above is to be completed in accordance with the 5 pages of drawings and 3 attachments affixed at the end of this permit instrument. The permittee also is authorized to implement the work associated with the attached City of Atlantic Beach Mitigation Plan, which would result in the creation, restoration, and enhancement of wetlands. Project Location: The project site is located north of 11U street, east of Linkside Drive, and west of Sherman Creek, in Section 16, Township 2 South, Range 29 East, Atlantic Beach, Duval County, Florida. The project affects waters wetlands associated with Sherman Creek, a tributary of Puckett Creek. Approximate Central Coordinates: Latitude: 30.3367" Longitude: -61.4043° Permit Conditions General Conditions 1. The time limit for completing the work authorized ends on If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. PERMIT NUMBER: SAJ-1992-00736 PERMITTEE: Salva Preserve, LLC PAGE 2 of 8 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature and the mailing address of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Special Conditions: 1. Reporting Address: The Permittee shall submit all reports, notifications, documentation, and correspondence required by the general and special conditions of this permit to the following address: a. For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Special Projects and Enforcement Branch, Post Office Box 4970, Jacksonville, Florida 32232- 0019. b. For electronic mail CESAJ-ComplyDocs@usace.army.mil (not to exceed 10 MB) The Permittee shall reference this permit number, SAJ-1992-00736, on all submittals. PERMIT NUMBER: SAJ-1992-00736 PERMITTEE: Selva Preserve, LLC PAGE 3 of 8 2. Commencement Notification: Within 10 days from the date of initiating the work authorized by this permit, the Permittee shall provide a written notification of the date of commencement of authorized work to the Corps. 3. Erosion Control: Prior to the initiation of any work authorized by this permit, the Permittee shall install erosion control measures along the perimeter of all work areas to prevent the displacement of fill material outside the work area into waters of the United States. Immediately after completion of the final grading of the land surface, all slopes, land surfaces, and filled areas shall be stabilized using sod, degradable mats, barriers, or a combination of similar stabilizing materials to prevent erosion. The erosion control measures shall remain in place and be maintained until all authorized work is completed and the work areas are stabilized. 4. Fill Material: The Permittee shall use only clean fill material for this project. The fill material shall be free from items such as trash, debris, automotive parts, asphalt, construction materials, concrete block with exposed reinforcement bars, and soils contaminated with any toxic substance, in toxic amounts in accordance with Section 307 of the Clean Water Act. 5. Mitigation Bank Credit Purchase: Within 30 days from the date of initiating the work authorized by this permit, the Permittee shall provide verification to the Corps that 0.6 palustrine forested federal mitigation bank credits have been purchased from the Greens Creek Mitigation Bank (SAJ-2008-04255). The required verification shall reference this project's permit number (SAJ-1992-00736). 6. Wetland Avoidance Areas: Except as authorized by this permit, the Permittee shall avoid the remaining onsite wetlands. These wetland areas were avoided as part of this permit application review process; and, therefore, the remaining wetland areas will not be disturbed by any activities that would degrade the ecological integrity of the site including dredging, filling, land clearing, or other construction work whatsoever except as required or authorized by this permit. The Corps reserves the right to deny review of any requests for future impacts to these avoided wetland areas. 7. Agency Changes/Approvals: Should any other agency require and/or approve changes to the work authorized or obligated by this permit, the Permittee is advised a modification to this permit instrument is required prior to initiation of those changes. It is the Permittee's responsibility to request a modification of this permit from the Jacksonville Permits Section. The Corps reserves the right to fully evaluate, amend, and approve or deny the request for modification of this permit. PERMIT NUMBER: SAJ-1992-00736 PERMITTEE: Salva Preserve, LLC PAGE 4 of 8 8. Notice of Permit: The Permittee shall complete and record the "Notice of Department of the Army Permit" form with the Clerk of the Circuit Court, Registrar of Deeds or other appropriate official charged with the responsibility of maintaining records of title to or interest in real property within the county of the authorized activity. Within 90 days from the effective date of this permit, the Permittee shall provide a copy of the recorded Notice of Permit to the Corps clearly showing a stamp from the appropriate official indicating the book and page at which the Notice of Permit is recorded and the date of recording. 9. Self -Certification: Within 60 days of completion of the work authorized by this permit, the Permittee shall complete the attached Self -Certification Statement of Compliance form and submit it to the Corps. In the event that the completed work deviates in any manner from the authorized work, the Permittee shall describe the deviations between the work authorized by this permit and the work as constructed on the Self -Certification Statement of Compliance form. The description of any deviations on the Self -Certification Statement of Compliance form does not constitute approval of any deviations by the Corps. Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: ( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) (X) Section 404 of the Clean Water Act (33 U.S.C. 1344) ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413) 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, Stale, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal projects. PERMIT NUMBER: SAJ-1992-00736 PERMITTEE: Selva Preserve, LLC PAGE 5 of 8 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermilted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures PERMIT NUMBER: SAJ-1992-00736 PERMITTEE: Salva Preserve, LLC PAGE 6of8 ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions: General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. (PERMITTEE) (DATE) (PERMITTEE NAME -PRINTED) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. (DISTRICT ENGINEER) (DATE) Jason A. Kirk, P.E. Colonel, U.S. Army District Commander PERMIT NUMBER: SAJ-1992-00736 PERMITTEE: Selva Preserve, LLC PAGE 7 of 8 When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE -SIGNATURE) (DATE) (NAME -PRINTED) (ADDRESS) (CITY, STATE, AND ZIP CODE) PERMIT NUMBER: SAJ-1992-00736 PERMITTEE: Selva Preserve, LLC PAGE 8 of 8 Attachments to Department of the Army Permit Number SAJ-1992-00736 1. PERMIT DRAWINGS: 5 pages, dated January 2016 and July 2016 2. WATER QUALITY CERTIFICATION: 11 pages, Specific Conditions of the water quality permit/certification in accordance with General Condition number 5 on page 2 of this DA permit 3. CITY OF ATLANTIC BEACH MITIGATION PLAN: 5 pages 4. RECORD PERMIT FORM: 2 pages 5. SELF -CERTIFICATION FORM: 1 page I`( Y i s 2�� 1 �IS cs .r FAQ• ��. I� y ti Oo a. L, 1 y dL • - '' LII • � �• �. 1Lxfnyr � y r Y ..t IT I 1 I 1 ` 1111 • 1 � y� �5 '11Y • 1 '' J 'n �N 3 1� BLVV � q 4 •� r x Legend Protect Area e ) X' �" k 3i O 9 o laao Z. r f cZ P s'.USGS JaCuomib BeaeU WaJnnde Q ' �w CARTER ENVIRONMENTAL Location Map Project: 5.08007 SERVICES, INC. tv mu . FL Selva Preserve Date: October 2013 3NpuYM,9iCBi DVSWt]M Duval County, Florida JiFigure: 1 Legend Project Area O Soils D .m am Fw Fw $aum.: HVN InlnnE.Mw FTobprp�y IMxni.Nn r.q..enYE on Xl. m.p6M pl.nM1p wrw.F..ny. F j t '; CARTER ENVIRONMENTAL Soils Map SERVICES, INC. -int; m North Florida Pioneers st waoRn., nsam. auuon�m w.n„wrceR.��m Project: 5.08007 Duval County, FL Dale: Jan 052016 Figure: 2 Legend Project Area +/-7.21 ac. ® Wetland Impacts +/- 1.12 ac. 0 Welland -Cut Ditch Impact +/- 0.004 ac. Upland -Cul Ditch Impact +/- 0.04 ac. Wetlands +/- 1.92 ac. Wxtland-Cut Ditch +/- 0.27 ac. Canal +/- 0.22 so. 0 s w F FM 8ou,p; ESRIAM�I p�oYqepb IMxmIM mpnamM on Me map Ip b phnNp wpm mM. CARTER ENVIRONMENTAL SERVICES, INC. cmilxao fl�ml �AuyNn fl]ABO W61R9 mvw.OemAnerom Project 5.09007 2'. 0.71 Proposed Site Overview, ACOE Selva Preserve Duval County, FL Date: Jul 07 2016 L J ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Post Office Box 1429 Palatka, Florida 32178-1429 PERMIT NO: 120212-2 DATE ISSUED: August 14, 2015 PROJECT NAME: Selva Preserve A PERMIT AUTHORIZING: Construction of a Stormwater Management System with stormwater treatment by wet detention and retention for Selva Preserve, a 7.21 - acre project to be constructed as per plans received by the District on August 11, 2015. LOCATION: Section(s): 16 Township(s): 2S Range(s): 29E Duval County ISSUED TO: Selva Preserve LLC 248 Levy Rd Atlantic Bch, FL 32233-2614 The permittee agrees to hold and save the St. Johns River Water Management District and its successors harmless from any and all damages, claims, or liabilities which may arise from permit issuance. Said application, including all plans and specifications attached thereto, is by reference made a part hereof. This permit does not convey to the permittee any property rights nor any rights or privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation or requirement affecting the rights of other bodies or agencies. All structures and works installed by permittee hereunder shall remain the property of the permittee. This permit may be revoked, modified or transferred at any time pursuant to the appropriate provisions of Chapter 373, Florida Statutes. PERMIT IS CONDITIONED UPON: See conditions on attached "Exhibit A", dated August 14, 2015 AUTHORIZED BY: St. Johns River Water Management District Division of Regulatory, Engineering and Environmental Services By: David Miracle Service Center Director "EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 120212-2 Selva Preserve DATED August 14, 2015 1. All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62-330.315, F.A.C. Any deviations that are not so authorized may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S. 2. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the District staff. The permittee shall require the contractor to review the complete permit prior to beginning construction. 3. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(g)(b)5, F.A.C., unless a project -specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit. 4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the District a fully executed Form 62-330.350(1), "Construction Commencement Notice,"[10-1-13], incorporated by reference herein (http://www.firuies.oro/Gateway/reference.asl3?No=Ref-02505), indicating the expected start and completion dates. A copy of this form may be obtained from the District, as described in subsection 62-330.010(5), F.A.C. If available, an District website that fulfills this notification requirement may be used in lieu of the form. 5. Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity. 6. Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable: a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex — "Construction Completion and Inspection Certification for Activities Associated With a Private Single -Family Dwelling Unit" [Form 62-330.310(3)]; or b. For all other activities — "As -Built Certification and Request for Conversion to Operational Phase" [Form 62-330.310(1)]. c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. 7. If the final operation and maintenance entity is a third parry: a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as -built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thm 12.3.3 of Volume 1) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located. b. Within 30 days of submittal of the as- bulk certification, the permittee shall submit "Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity" [Form 62-330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form. 8. The permittee shall notify the District in writing of changes required by any other regulatory District that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes. 9. This permit does not: a. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.; b. Convey to the permittee or create in the permittee any interest in real property; c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee. 10. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed. 11. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit. 12. The permittee shall notify the District in writing: a. Immediately if any previously submitted information is discovered to be inaccurate; and b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not appy to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. 13. Upon reasonable notice to the permittee, District staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. 14. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S. 15. Any delineation of the extent of a wetland or other surface water submitted as pan of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise. 16. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards. 17. This permit is issued based on the applicant's submitted information that reasonably demonstrates that adverse water resource -related impacts will not be caused by the completed permit activity. If any adverse impacts result, the District will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts. 18. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with Rule 62-330.0900, F.A.C. Such notice is not an encumbrance upon the property. 19. Prior to initiating any construction for this project, the District must receive a letter of verification from the Greens Creek Mitigation Bank stating that a transaction of 1.10 -credits has been completed. 20. In the event that the permittee does not successfully complete the transaction to obtain 1.10 -credits from the Greens Creek Mitigation Bank, the permittee must obtain a modification to this permit prior to beginning construction to provide suitable alternative mitigation for the proposed wetland impacts. 21. The proposed mitigation plan must be implemented per plans received February 5, 2015. 22. The proposed project must be constructed and operated as per plans and calculations received by the District on August 11, 2015. 23. Deed Restrictions This permit requires the recording of Deed Restrictions and drainage easement that covers the rear yard swale at the back of each lot as depicted in the permit drawings. The restriction shall provide the following language: Swale Maintenance The Developer has constructed a Drainage Swale upon each Lot for the purpose of managing and containing the flow of excess surface water, if any, found upon such lot from time to time. Each lot owner, including builders, shall be responsible for the maintenance, operation and repair of the swales on the lot. Maintenance, operation and repair shall mean the exercise of practices, such as mowing and erosion repair, which allow the swales to provide drainage, water storage, conveyance or other stormwater management capabilities as permitted by the St. Johns River Water Management District. Filling, excavation, construction of fences or otherwise obstructing the surface water flow in the swales is prohibited. No alteration of the Drainage Swale shall be authorized and any damage to any Drainage Swale, whether caused by natural or human -induced phenomena, shall be repaired and the Drainage Swale returned to its former condition as soon as possible by the Owner(s) of the Lot(s) upon which the Drainage swale is located. Within 30 days of recording, the permittee shall provide the District with: (a) a certified copy of the recorded deed for each lot (including exhibits) showing the date it was recorded and the official records book and page number, (b) a copy of the recorded plat (if applicable), and (c) a surveyor's sketch of the restricted area plotted on the appropriate USGS topographic map. Before recording, the permittee shall ensure that these documents are acceptable to the District. 24. The deed restriction and drainage easement language referenced in the above condition must be recorded prior to initiating construction of any homes or submittal of the as -built certification, whichever is sooner. Notice of Rights 1. A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code, the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P. O. Box 1429, Palatka Florida 32178-1429 (4049 Reid St., Palatka, FL 32177) or by e-mail with the District Clerk at ClerkOsirwmd.com, within twenty-six (26) days of the District depositing the notice of District decision in the mail (for those persons to whom the District mails actual notice), within twenty-one (21) days of the District emailing the notice of District decision (for those persons to whom the District emails actual notice), or within twenty-one (21) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida Administrative Code. The District will not accept a petition sent by facsimile (fax), as explained in paragraph no. 4 below. Please be advised that if you wish to dispute this District decision, mediation may be available and that choosing mediation does not affect your right to an administrative hearing. If you wish to request mediation, you must do so in a timely -filed petition. If all parties, including the District, agree to the details of the mediation procedure, in writing, within 10 days atter the time period stated in the announcement for election of an administrative remedy under Sections 120.569 and 120.57, Florida Statutes, the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes, shall be tolled to allow mediation of the disputed District decision. The mediation must be concluded within 60 days of the date of the partes' mitten agreement, or such other dmetrame agreed to by the parties in writing. Any mediation agreement must include provisions for selecting a mediator, a statement that each parry shall be responsible for paying its pro -rata share of the costs and fees associated with mediation, and the mediating parties' understanding regarding the confidentiality of discussions and documents introduced during mediation. If mediation results in settlement of the administrative dispute, the District will enter a final order consistent with the settlement agreement. If mediation terminates without settlement of the dispute, the District will notify all the parties in writing that the administrative hearing process under Sections 120.569 and 120.57, Florida Statutes, is resumed. Even if a parry chooses not to engage in formal mediation, or If formal mediation does not result in a settlement agreement, the District will remain willing to engage in informal settlement discussions. 3. A person whose substantial interests are or may be affected has the right to an informal administrative hearing pursuant to Sections 120.569 and 120.57(2), Florida Statutes, where no material facts are in dispute. A petition for an informal hearing must also comply with the requirements set forth in Rule 28-106.301, Florida Administrative Code. Notice of Rights 4. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida during the District's regular business hours. The District's regular business hours are 8:00 a.m. — 5:00 p.m., excluding weekends and District holidays. Petitions received by the District Clerk after the District's regular business hours shall be deemed filed as of 8:00 a.m. on the District's next regular business day. The District's acceptance of petitions filed by e- mail is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, Florida Administrative Code), which is available for viewing at floridaswater.com. These conditions include, but are not limited to, the petition being in the form of a PDF or TIFF file and being capable of being stored and printed by the District. Further, pursuant to the District's Statement of Agency Organization and Operation, attempting to file a petition by facsimile is prohibited and shall not constitute filing. 5. Failure to file a petition for an administrative hearing within the requisite timeframe shall constitute a waiver of the right to an administrative hearing. (Rule 28-106.111, Florida Administrative Code). 6. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 40C-1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District's final action may be different from the position taken by it in this notice. A person whose substantial interests are or may be affected by the District's final action has the right to become a party to the proceeding, in accordance with the requirements set forth above. 7. Pursuant to Section 120.68, Florida Statutes, a party to the proceeding before the District who is adversely affected by final District action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, within 30 days of the rendering of the final District action. 8. A District action is considered rendered, as referred to in paragraph no. 7 above, after it is signed on behalf of the District and filed by the District Clerk. 9. Failure to observe the relevant timeframes for filing a petition for judicial review as described in paragraph no. 7 above will result in waiver of that right to review. NOR. Decision.DOC.001 Revised 12.7.11 Notice of Rights Certificate of Service I HEREBY CERTIFY that a copy of the foregoing Nofice of Rights has been sent to the permittee: Selva Preserve LLC 248 Levy Rd Atlantic Bch, FL 32233-2614 This 14th day of August, 2015. Margaret Daniels, Bureau Chief Bureau of Regulatory Support St. Johns River Water Management District 4049 Reid Street Palatka, FL 32177-2529 (386) 329-4570 Permit Number: 120212-2 NOTICING INFORMATION Dear Permittee Please be advised that the St. Johns River Water Management District will not publish a notice in the newspaper advising the public that it has issued a permit for this project. Newspaper publication, using the District's notice form, notifies members of the public of their right to challenge the issuance of the permit. If proper notice is given by newspaper publication, then there is a 21 -day time limit for someone to file a petition for an administrative hearing to challenge the issuance of the permit. To close the point of entry for filing a petition, you may publish (at your own expense) a one- time notice of the District's decision in a newspaper of general circulation within the affected area as defined in Section 50.011 of the Florida Statutes. If you do not publish a newspaper notice to close the point of entry, the time to challenge the issuance of your permit will not expire and someone could file a petition even after your project is constructed. A copy of the notice form and a partial list of newspapers of general circulation are attached for your convenience. However, you are not limited to those listed newspapers. If you choose to close the point of entry and the notice is published, the newspaper will return to you an affidavit of publication. In that event, it is important that you either submit a scanned copy of the affidavit by emailing it to compliancesupport@sjn d.com (preferred method) or send a copy of the original affidavit to: Margaret Daniels, Bureau Chief Bureau of Regulatory Support 4049 Reid Street Palatka, FL 32177 If you have any questions, please contact the Bureau of Regulatory Support at (386) 329-4570. Sincerely, -/K ,�".&0u, Margaret Daniels, Bureau Chief Bureau of Regulatory Support NOTICE OF AGENCY ACTION TAKEN BY THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Notice is given that the following permit was issued on (Name and address of applicant) permit# . The project is located in County, Section , Township South, Range East. The permit authorizes a surface water management system on acres for known as . The receiving water body is A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code (F.A.C.), the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P.O. Box 1429, Palatka FL 32178-1429 (4049 Reid St, Palatka, FL 32177) or by e-mail with the District Clerk at Clerk@sjrwmd.com, within twenty-one (21) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes (F.S.), and Chapter 28-106, F.A.C. The District will not accept a petition sent by facsimile (fax). Mediation pursuant to Section 120.573, F.S., may be available and choosing mediation does not affect your right to an administrative hearing. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida during the District's regular business hours. The District's regular business hours are 8 a.m. — 5 p.m., excluding weekends and District holidays. Petitions received by the District Clerk after the District's regular business hours shall be deemed filed as of 8 a.m. on the District's next regular business day. The District's acceptance of petitions filed by e-mail is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, Florida Administrative Code), which is available for viewing at floridaswater.com. These conditions include, but are not limited to, the petition being in the form of a PDF or TIFF file and being capable of being stored and printed by the District. Further, pursuant to the District's Statement of Agency Organization and Operation, attempting to file a petition by facsimile (fax) is prohibited and shall not constitute filing. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 40C- 1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District's final action may be different from the position taken by it in this notice. Failure to file a petition for an administrative hearing within the requisite time frame shall constitute a waiver of the right to an administrative hearing. (Rule 28-106.111, F.A.C.). If you wish to do so, please visit http://floridaswater.condnor decl to read the complete Notice of Rights to determine any legal rights you may have concerning the District's decision(s) on the permit application(s) described above. You can also request the Notice of Rights by contacting the Director of Regulatory Support, 4049 Reid St., Palatka, FL 32177-2529, tele. no. (386)329- 4570. NEWSPAPER ADVERTISING ALACHUA The Alachua County Record, Legal Advertising P. O. Box 806 Gainesville, FL 32602 352-377-24441 fax 352-338-1986 BRAFORD Bradford County Telegraph, Legal Advertising P. O. Drawer A Starke, FL 32901 904-964-6305/ fax 904-964-8628 CLAY Clay Today, Legal Advertising 1560 Kinsley Ave., Suite 1 Orange Park, FL 32073 904-264-3200/fax 904-264-3285 FLAGLER Flagler Tribune, Go News Journal P. O. Box 2831 Daytona Beach, FL 32120-2831 386- 681-2322 LAKE Daily Commercial, Legal Advertising P. O. Drawer 490007 Leesburg, FL 34749 352-365-82351fax 352-365-1951 NASSAU News -Leader, Legal Advertising P. O. Box 766 Fernandina Beach, FL 32035 904-261-3696/fax 904-261-3698 ORANGE Sentinel Communications, Legal Advertising 633 N. Orange Avenue Orlando, FL 32801 407-420-5160/ fax 407-420-5011 PUTNAM Palatka Daily News, Legal Advertising P. O. Box 777 Palatka, FL 32178 386-312-5200/ tax 386-312-5209 SEMINOLE Seminole Herald, Legal Advertising 300 North French Avenue Sanford, FL 32771 407-323-9408 BAKER Baker County Press, Legal Advertising P. O. Box 598 Maclenny, FL 32063 904-259-24001 fax 904-259-6502 BREVARD Florida Today, Legal Advertising P. O. Box 419000 Melbourne, FL 32941-9000 321-242-3832/ tax 321-242-6618 DUVAL Daily Record, Legal Advertising P. O. Box 1769 Jacksonville, FL 32201 904356-2466 / fax 904-353-2628 INDIAN RIVER Vero Beach Press Journal, Legal Advertising P. O. Box 1268 Vero Beech, FL 32961-1268 772-221-4282/ fax 772-978-2340 MARION Ocala Star Banner, Legal Advertising 2121 SW 19th Avenue Road Ocala, FL 34474 352-867-4010/fax 352-867-4126 OKEECHOBEE Okeechobee News, Legal Advertising P. O. Box 639 Okeechobee, FL 34973-0639 863-763-3134tfax 863-763-5901 OSCEOLA Little Sentinel, Legal Advertising 633 N. Orange Avenue Orlando, FL 32801 407-420-5160/ fax 407-420-5011 ST. JOHNS St. Augustine Record, Legal Advertising P. O. Box 1630 St. Augustine, FL 32085 904-819-3436 VOLUSIA News Journal Corporation, Legal Advertising P. O. Box 2831 Daytona Beach, FL 32120-2831 (386) 681-2322 Selva Preserve Duval County, Florida July 2016 4.0 MFITGATION PLAN To offset the wetland impacts for the City of Atlantic Beach, the applicant proposes a combination of on-site wetland creation, wetland enhancement, wetland restoration and wetland preservation (Figure 3). A conservation easement, granted to SJRWMD, will be recorded over the on-site mitigation areas in addition to the placement of signage identifying the conservation areas. This will ensure that hydrology and habitat will be preserved in perpetuity. All mitigation and the recording of associated conservation easements will be completed within 90 days of commencement of construction Specific mitigation details are provided below: 4.1 On -Site Wetland Creation The revised mitigation plan proposes the creation of 0.46 acres of forested wetlands created from uplands (Figure 3). The target topography within the creation area will match that of the adjacent wetlands, +3.5 - +4.5 feet The creation areas will be will be planted with a mix of 3, 7,15 and 30 -gallon legacy canopy trees such as Black gum (Nyssa sylvatica), Cypress (Taxodium distchum.), Sweethay (Magnolia virginiana), and mid -canopy trees such as Dahoun Holly (Ilex cassine) and Myrtle leaf Holly (Ilex myrtifolia). Trees will be planted at a density of 100 trees per acre, totaling 174 trees. Sizes will be quartered, so there will be 25% 30 gallon trees with 2.5 -inch caliper, 25% 15 gallon trees with 1.5 -inch caliper, 25% 7 gallon trees with 1 -inch caliper and 25% 3 gallon trees with 0.5 -inch caliper. Selection will be based on commercial availability. Our sizing is based on the University of Florida Size Standards (attached). This enhancement will expedite succession in the preserved wetlands and produce a more desirable and established wetland for the future. Selva Preserve Duval County, Florida July 2016 4.2 On -Site Wetland Enhancement The revised mitigation plan proposes enhancement of two forested wetland systems, totaling 2.07 acres (Figure 3). The wetlands consist of early successional vegetation, which generally have a short lifespan and moderate to poor wind resistance. As part of mitigation for 1.08 acres of wetland impact (Figure 2), the applicant is proposing the enhancement of remaining 2.07 acres of forested wetlands by planting 207 additional native trees. This plan proposes to expedite forest succession by planting legacy canopy trees and mid -canopy trees depending on location in the canopy that there is a need. The planting density was determined by calculating the existing tree per acre based on the 24 November 2015 tree survey prepared by Associated Surveyors, Inc. We extrapolated that the forest cover is currently 278 trees per acre, based on the tree survey Therefore, we need to plant an additional 162 trees per acre to reach the forest type preferred tree density of 440 trees per acre or on ten foot centers. We feel our proposal of 174 trees is appropriate. These enhancement areas will be planted with a mix of 3, 7, 15 and 30 -gallon legacy canopy trees such as Black gum (Nyasa sylvatica), Cypress (Ta adium distchum.), Sweetbay (Magnolia virginiana), and mid -canopy trees such as Dahoun Holly (Ilex cassine) and Myrtle leaf Holly (Ilex myrhfolia). Trees will be planted at a density of 100 trees per acre, totaling 174 trees. Sizes will be quartered, so there will be 25% 30 gallon trees with 2.5 -inch caliper, 25% 15 gallon trees with 1.5 -inch caliper, 25% 7 gallon trees with 1 -inch caliper and 25% 3 gallon trees with 0.5 - inch caliper. Selection will be based on commercial availability. Our sizing is based on the University of Florida Size Standards (attached). This enhancement will expedite succession in the preserved wetlands and produce a more desirable and established wetland for the future. 4.3 On -Site Wetland Restoration The proposed mitigation plan includes 0.70 acres of wetland restoration that will be planted with a mix of 3, 7,15 and 30 -gallon legacy canopy trees such as Black gum (Nyssa sylvatica), Cypress (Taxodium distchum.), Sweetbay (Magnolia virginiana), and mid -canopy trees such as Dahoun Holly (Ilex cassine) and Myrtle leaf Holly (Ilex myrhfolia). Trees will be planted at a density of 100 trees per acre, Selva Preserve Duval County, Florida July 2016 totaling 174 trees. Sizes will be quartered, so there will be 25% 30 gallon trees with 2.5 -inch caliper, 25% 15 gallon trees with 1.5 -inch caliper, 25% 7 gallon trees with 1 -inch caliper and 25% 3 gallon trees with 0.5 -inch caliper. Selection will be based on commercial availability. Our sizing is based on the University of Florida Size Standards (attached). This enhancement will expedite succession in the preserved wetlands and produce a more desirable and established wetland for the future. 4.4 On -Site Wethmd Preservation The proposed mitigation plan includes the preservation of 0.36 acres of wetland cut ditch and 0.22 acres of canal preservation These areas will be placed under a conservation easement granted to the St Johns River Water Management District 4.5 Construction Sequence and Details The earthwork and planting will be done within 90 days of the commencement of construction. Siltation and floating turbidity curtains and/or synthetic hay bales will be erected between the mitigation areas and adjacent wetlands, prior to grading, in order to minimize/avoid adverse impacts to water quality in the adjacent wetlands. The mitigation areas will be monitored and inspected during and immediately following construction to ensure compliance with the mitigation design and to determine final ground and surface -water elevations. The siltation and floating turbidity curtains and/or synthetic hay bales will be removed after the soft in the mitigation areas has stabilized. A conservation easement will also be recorded over the mitigation areas in addition to the placement of signage identifying the conservation areas. 4.6 Monitoring The proposed mitigation areas will be monitored annually (September/October) for five years. A quantitative report will be prepared to record the incidence of nuisance/exotic species and capture any planting mortality. This report will include all data collected during the monitoring iteration plus photographs, descriptions of problems encountered and solutions undertaken. Reports will specifically address the incidence of nuisance/exotic species, including the methods, by which they will be controlled or removed, and the frequency and Selva Preserve Duval County, Florida July 2016 dates of such maintenance events. Monitoring reports will be forwarded to SJRWMD following each monitoring event 4.7 Success Criteria • SurvivaL• At least 80 percent of the planted tree species have survived and are showing signs of normal annual growth. Should plantings not survive, CES will propose adaptive management techniques (approved by the District) to ensure 80% survivorship of planted species. • Percent Cover: At least 80 percent cover (in the appropriate strata) by appropriate wetland tree species has been obtained. • Hydrology_: Hydrological conditions are shown to be m general conformation with those specified in the mitigation plan; and • Time Limit The above criteria have been achieved by the end of a 5 -year period following initial planting. 4.8 Sampling Design Various sampling methods will be utilized in the creation areas to aid in data collection. 1. Belt Transects: 15 -foot wide belt transects will be located across each creation area. The number of transects will be determined in order to represent approximately 10 percent of the creation areas. The location of each transect will be staked in the field with fixed reference points. Data collected along the belt transects will include: • Total number of planted trees per transect • Percent survival of planted trees along each transect • Estimated recruitment density and composition of other trees and shrubs in the creation areas. 2. Photographs: Photographic records will be submitted along with each monitoring report. Fixed reference points will be staked in the field adjacent to the mitigation areas for a panoramic series of photographs. 3. Wildlife Utilization: Qualitative observations of wildlife ut liration of the mitigation areas will be recorded with emphasis upon aquatic and wetland dependent species and endangered/threatened species. 4. Hydrology: Surface water elevations will be estimated at the time of monitoring. Selva Preserve Duval County, Florida 4.9 Maintenance July 2016 The wetland creation areas will be periodically maintained after planting to remove exotic and/or nuisance species that may invade the area. Maintenance events will occur periodically on an as -needed basis. Generally, such events will be more frequent following the initial planting effort, decreasing in frequency as the mitigation areas become established and coverage is evident Maintenance will ensure that no greater than 10 percent coverage by nuisance species occurs. 5.0 CONCLUSION As proposed, we believe the project successfully demonstrates avoidance and minimization of wetland impacts to the greatest extent possible given requirements of the success of the project Further the applicant has provided a sufficient mitigation plan to fully offset the wetland functions lost as a result of the project Prepared by: Permittee: _ Address: Phone: NOTICE OF DEPARTMENT OF THE ARMY PERMIT TAKE NOTICE the U.S. Army Corps of Engineers (Corps) has issued Department of the Army Permit SAJ-1992-00736 to Salva Preserve, LLC (Permittee) on XXXXXX XX, 2016, authorizing impacts to waters of the United States (including wetlands) in accordance with Section 404 of the Clean Water Act on a parcel of land known as Folio/Parcel ID: 172027-0100 encompassing approximately 7.54 acres located within a portion of in Section 16, Township 2 South, Range 29 East, Atlantic Beach, Duval County, Florida. Within 30 days of any transfer of interest or control of that portion of the premises containing the area authorized to be filled (or any portion thereof), the Permittee must notify the Corps in writing of the property transfer by submitting the completed permit transfer page of the permit. Notification of the transfer does not by itself constitute a permit transfer. Therefore, purchasers of that portion of the premises containing the area authorized to be filled (or any portion thereof) are notified that it is unlawful for any person to construct, alter, operate, maintain, remove or abandon any works, including dredging or filling, without first having obtained a permit from the Corps in the purchaser's name. The subject Permit concerns only that portion of the property determined to fall within the jurisdiction of the Corps and this notice is applicable only to those portions of the subject property containing areas authorized to be filled and wetland mitigation/conservation areas subject to the Permit. Conditions of the Permit: The Permit is subject to General Conditions and Special Conditions which may affect the use of the subject property. Accordingly, interested parties should closely examine the entire Permit, all associated applications, and any subsequent modifications. To obtain a copy of the permit in its entirety submit a written request to: U.S. Army Corps of Engineers Regulatory Division - Special Projects & Enforcement Branch Post Office Box 4970 Jacksonville, Florida 32232-0019 Questions regarding compliance with these conditions should be directed to: U.S. Army Corps of Engineers Enforcement Section Post Office Box 4970 Jacksonville, Florida 32232-0019 Conflict Between Notice and Permit This Notice of Permit is not a complete summary of the Permit. Provisions in this Notice of Permit shall not be used in interpreting the Permit provisions. In the event of conflict between this Notice of Permit and the Permit, the Permit shall control. This Notice is Not an Encumbrance This Notice is for informational purposes only. It is not intended to be a lien, encumbrance, or cloud on the title of the premises. Release This Notice may not be released or removed from the public records without the prior written consent of the Corps. This Notice of Permit is executed on this day of 20 . This document is being submitted for recordation in the Public Records of Duval County, Florida as part of the requirement imposed by Department of the Army Permit No SAJ-1992-00736 issued by the Corps. Permittee: Address: Phone: STATE OF FLORIDA COUNTY OF DUVAL The foregoing instrument was acknowledged before me this day of 20_, by , who is personally known to me or has produced as identification. Public (seal) My Commission Expires SELF -CERTIFICATION STATEMENT OF COMPLIANCE Permit Number: SAJ-1992-00736 Permittee's Name & Address (please print or Telephone Number: Location of the Work: Date Work Started: Date Work Completed: PROPERTY IS INACCESSIBLE WITHOUT PRIOR NOTIFICATION: YES NO TO SCHEDULE AN INSPECTION PLEASE CONTACT AT Description of the Work (e.g. bank stabilization, residential or commercial filling, docks, dredging, etc.): Acreage or Square Feet of Impacts to Waters of the United States: Describe Mitigation completed (if applicable): Describe any Deviations from Permit (attach drawing(s) depicting the deviations): I certify that all work, and mitigation (d applicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s). Signature of Permittee Full Name of Permittee (printed or typed) Date St. Johns River Water Management District Mn B. Bhorrelk, Ph.D., Executive Dlrator 4049 Reid Street M P.O. Box 1429 M Palatka, FL 32178-1429 • (386) 329-4500 On the Internet at www.sjrwmd.com. March 20, 2017 Laura Ferrante Selva Preserve LLC 248 Levy Rd Atlantic Bch, FL 32233-2614 SUBJECT: 120212-3 Selva Preserve Dear Sir/Madam Enclosed is your individual permit issued by the St. Johns River Water Management District on March 20, 2017. This permit is a legal document and should be kept with your other important documents. Permit issuance does not relieve you from the responsibility of obtaining any necessary permits from any federal, state, or local agencies for your project. Technical Staff Report: If you wish to review a copy of the Technical Staff Report (TSR) that provides the District's staff analysis of your permit application, you may view the TSR by going to the Permitting section of the District's website at www.sjrwmd.com/permitting. Using the "search applicafions and permits" feature, you can use your permit number or project name to find information about the permit. When you see the results of your search, click on the permit number and then on the TSR folder. Noticina Your Permit: For noticing instructions, please refer to the noticing materials in this package regarding closing the point of entry for someone to challenge the issuance of your permit. Please note that if a timely petition for administrative hearing is filed, your permit will become non -final and any activities that you choose to undertake pursuant to your permit will be at your own risk. Compliance with Permit Conditions: To submit your required permit compliance information, go to the District's website at www.sjnamd.com/permitting. Under the "Apply for a permit or submit compliance data" section, click to sign -in to your existing account or to create a new account. Select the "Compliance Submittal" tab, enter your permit number, and select "No Specific Date" for the Compliance Due Date Range. You will then be able to view all the compliance submittal requirements for your project. Select the compliance item that you are ready to submit and then attach the appropriate information or form. The forms to comply with your permit conditions are available at www.sjnvmd.com/permitting under the section "Handbooks, forms, fees, final orders". Click on forms to view all permit compliance forms, then scroll to the ERP application forms section and select the applicable compliance forms. Alternatively, if you have difficulty finding forms or need OOVBBBIBO BOARD John A Miklos, c.R" Free M Robins Jr., MILE nw,k chuck Dmte, mswr Hon Howse, Rmawau ok,,nnO 01r B11AI00 (XX= Duuplas C. Boumique John P. Brovming, A Douglas Burnell Maryann H. Ghyabi Cans YOK VERO aFACN eAerflWIIG 6LIIpIR11H pWONDEM (91WADIM.1aFMA1 copies of the appropriate forms, please contact the Bureau of Regulatory Support at (386) 329- 4570. Transferrin Your Permit: Your permit requires you to notify the District within 30 days of any change in ownership or control of the project or activity covered by the permit, or within 30 days of any change in ownership or control of the real property on which the permitted project or activity is located or occurs. You will need to provide the District with the information specified in rule 62-330.340, Florida Administrative Code (F.A.C.). Generally, this will require you to complete and submit Form 62-330.340(1), "Request to Transfer Permit,' available at htto7//www sinvmd com/oermittina/oermitforms html. Please note that a permittee is liable for compliance with the permit before the permit is transferred. The District, therefore, recommends that you request a permit transfer in advance in accordance with the applicable rules. You are encouraged to contact District staff for assistance with this process. Thank you and please let us know if you have additional questions. For general questions contact e-permit@sjrwmd.com or (386) 329-4570. Sincerely, -7Yt_ .tum Margaret Daniels, Office Director Office of Business and Administrative Services St. Johns River Water Management District 4049 Reid Street Palatka, FL 32177-2529 (386) 329-4570 Enclosures: Permit cc: District Permit File Laura Ferrante Selva Preserve LLC 248 Levy Rd Atlantic Bch, FL 32233-2614 ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Post Office Box 1429 Palatka, Florida 32178-1429 PERMIT NO: 120212-3 DATE ISSUED: March 20, 2017 PROJECT NAME: Selva Preserve A PERMIT AUTHORIZING: Construction of a Stormwater Management System with stormwater treatment by Wet Detention for Selva Preserve, a 7.42 - acre project to be constructed as per plans received by the District on July 29, 2016. LOCATION: Section(s): 16 Township(s): 2S Range(s): 29E Duval County ISSUED TO: Selva Preserve LLC 248 Levy Rd Atlantic Bch, FL 32233-2614 The permittee agrees to hold and save the St. Johns River Water Management District and its successors harmless from any and all damages, claims, or liabilities which may arise from permit issuance. Said application, including all plans and specifications attached thereto, is by reference made a part hereof. This permit does not convey to the permittee any property rights nor any rights or privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation or requirement affecting the rights of other bodies or agencies. All structures and works installed by permittee hereunder shall remain the property of the permittee. This permit may be revoked, modified or transferred at any time pursuant to the appropriate provisions of Chapter 373, Florida Statutes. PERMIT IS CONDITIONED UPON: See conditions on attached "Exhibit A", dated March 20, 2017 AUTHORIZED BY: St. Johns River Water Management District Division of Regulatory Services By: David Miracle Regulatory Coordinator "EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 120212.3 Selva Preserve DATED March 20, 2017 1. All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62-330.315, F.A.C. Any deviations that are not so authorized may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S. 2. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the District staff. The permittee shall require the contractor to review the complete permit prior to beginning construction. 3. Activities shall be conducted in a manner that does not rause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5, F.A.C., unless a project -specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit. 4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the District a fully executed Form 62-330.350(1), "Construction Commencement Notice,"[10-1-13], incorporated by reference herein (http://www.firules.org/Gateway/reference.asp?No=Ref-02505), indicating the expected start and completion dates. A copy of this form may be obtained from the District, as described in subsection 62-330.010(5), F.A.C. If available, an District website that fulfills this notification requirement may be used in lieu of the form. 5. Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the Irfe of the project or activity. 6. Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable: a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex — "Construction Completion and Inspection Certification for Activities Associated With a Private Single -Family Dwelling Unit" [Form 62-330.310(3)]; or b. For all other activities— "As -Built Certification and Request for Conversion to Operational Phase" [Form 62-330.310(1)]. c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. 7. If the final operation and maintenance entity is a third party: a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as -built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Volume 1) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located. b. Within 30 days of submittal of the as- built certification, the permittee shall submit 'Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity' [Form 62-330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form. B. The permittee shall notify the District in writing of changes required by any other regulatory District that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes. 9. This permit does not: a. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.; b. Convey to the permittee or create in the permittee any interest in real property; c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee. 10. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed. 11. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit. 12. The permittee shall notify the District in writing: a. Immediately if any previously submitted information is discovered to be inaccurate; and b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not appy to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. 13. Upon reasonable notice to the permittee, District staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. 14. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise. 16. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards. 17. This permit is issued based on the applicant's submitted information that reasonably demonstrates that adverse water resource -related impacts will not be caused by the completed permit activity. If any adverse impacts result, the District will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts. 18. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with Rule 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property. 19. The operation and maintenance entity shall inspect the stormwater or surface water management system once within two years after the completion of construction and every two years thereafter to determine if the system is functioning as designed and permitted. The operation and maintenance entity must maintain a record of each required inspection, including the date of the inspection, the name and contact information of the inspector, and whether the system was functioning as designed and permitted, and make such record available for inspection upon request by the District during normal business hours. If at any time the system is not functioning as designed and permitted, then within 30 days the entity shall submit a report electronically or in writing to the District using Form 62-330.311(1), "Operation and Maintenance Inspection Certification," describing the remedial actions taken to resolve the failure or deviation. 20. Deed of Conservation Easement This permit requires the recording of a conservation easement. Within 30 days of recording, the permittee shall provide the District with: (a) the original recorded easement (including exhibits) showing the date it was recorded and the official records book and page number, (b) a copy of the recorded plat (if applicable), (c) a surveyors sketch of the easement area plotted on the appropriate USGS topographic map, and (d) the original recorded consent and joinder(s) of mortgagee ('d applicable). Before recording them, the permittee shall ensure that these documents are acceptable to the District as described below. Description of Conservation Easement Area The permittee shall provide to the District for review and written approval a copy of: (a) the preliminary plat showing the area to be encumbered by the conservation easement, or (b) a surveyor's sketch and legal description of the area to be placed under the conservation easement, per the approved mitigation plan, at least 45 days before (1) dredging, filling, or clearing any wetland or surface water for which mitigation is required; (2) clearing any upland within a Riparian Habitat Protection Zone for which mitigation is required; (3) the sale of any lot or parcel; (4) the recording of the subdivision plat; or (5) use of the infrastructure for its intended use, whichever occurs first. If the impacts to an upland within a Riparian Habitat Protection Zone or to a wetland or surface water for which mitigation is required will occur in discrete phases, the areas to be preserved to offset such impacts may be placed under conservation easement in phases such that impacts are offset during each phase. Such phasing of preservation shall only occur if it has been proposed in the mitigation plan and approved by the permit, or if it is approved in writing by the District. A surveyor's sketch and legal description of the area to be placed under conservation easement during each phase must be submitted in accordance with the previous paragraph. Recordina of Conservation Easement Before (1) dredging, filling, or clearing any wetland or surface water for which mitigation is required, (2) clearing any upland within a Riparian Habitat Protection Zone for which mitigation is required, (3) the sale of any lot or parcel, (4) the recording of the subdivision plat, or (5) use of the infrastructure for its intended use, whichever occurs first, the permittee shall record a conservation easement. The conservation easement shall include restrictions on the real property pursuant to section 704.06, Florida Statutes, and be consistent with section 10.3.8, ERP Applicant's Handbook, Volume I(October 1, 2013) and Fla. Admin.Code R. 62-330.301(6). The conservation easement shall be in the form approved in writing by the District and, if no plat has been submitted, the easement shall include the approved legal description and surveyor's sketch. If the District does not provide written comments on the preliminary plat or surveyor's sketch and legal description within 45 days of receipt, then the permittee may record the conservation easement with the legal description and surveyor's sketch or plat reference previously submitted. If the District provides written disapproval of the preliminary plat or surveyor's sketch and legal description, the permittee shall, within ten (10) days of receipt of the disapproval, correct all errors with the conservation easement, including the preliminary plat or legal description and surveyor's sketch, and record the conservation easement. Pursuant to section 704.06, Florida Statutes, the conservation easement shall prohibit all construction, including clearing, dredging, or filling, except that which is specifically authorized by this permit, within the mitigation areas delineated on the final plans and/or mitigation proposal approved by the District. The easement may not be amended without written District approval Additional Documents Reauired. The permittee shall ensure that the conservation easement identifies, and is executed by, the correct grantor, who must hold sufficient record title to the land encumbered by the easement. If the easement's grantor is a partnership, the partnership shall provide to the District a partnership affidavit stating that the person executing the conservation easement has the legal authority to convey an interest in the partnership land. If there exist any mortgages on the land, the permittee shall also have each mortgagee execute a consent and joinder of mortgagee subordinating the mortgage to the conservation easement. The consent and joinder of the mortgagee shall be recorded simultaneously with the conservation easement in the public records of the county where the land is located. Within 30 days of recording, the permittee shall provide the District with: (a) the original recorded easement (including exhibits) showing the date it was recorded and the official records book and page number, (b) a copy of the recorded plat (if applicable), (c) a surveyor's sketch of the easement area plotted on the appropriate USGS topographic map, and (d) the original recorded consent and joinders) of mortgagee (if applicable). Demarcation of Conservation Easement Area. Prior to lot or parcel sales, all changes in direction of the easement area boundaries must be permanently monumented above ground on the project site. 21. The surface water management system must be constructed and operated as per plans received by the District on July 29, 2016 22. This permit for construction will expire on August 14, 2020. 23. Prior to initiating any construction for this project, the District must receive a letter of verification from the Greens Creek Mitigation Bank stating that a transaction of 0.53 -credits has been completed. 24. In the event that the permittee does not successfully complete the transaction to obtain 0.53 -credits from the Greens Creek Mitigation Bank, the permittee must obtain a modification to this permit prior to beginning construction to provide suitable alternative mitigation for the proposed wetland impacts. 25. The proposed mitigation plan must be implemented per plans received February 14, 2017. Notice Of Rights 1. A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code, the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P. O. Box 1429, Palatka Florida 32178-1429 (4049 Reid St., Palatka, FL 32177) or by e-mail with the District Clerk at Clerk0sirwmd.com, within twenty-six (26) days of the District depositing the notice of District decision in the mail (for those persons to whom the District mails actual notice), within twenty-one (21) days of the District emailing the notice of District decision (for those persons to whom the District emails actual notice), or within twenty-one (21) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida Administrative Cade. The District will not accept a petition sent by facsimile (fax), as explained in paragraph no. 4 below. 2. Please be advised that'd you wish to dispute this District decision, mediation may be available and that choosing mediation does not affect your right to an administrative hearing. If you wish to request mediation, you must do so in a timely -filed petition. If all parties, including the District, agree to the details of the mediation procedure, in writing, within 10 days after the time period stated in the announcement for election of an administrative remedy under Sections 120.569 and 120.57, Florida Statutes, the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes, shall be tolled to allow mediation of the disputed District decision. The mediation must be concluded within 60 days of the date of the parties' written agreement, or such other timeframe agreed to by the parties in writing. Any mediation agreement must include provisions for selecting a mediator, a statement that each parry shall be responsible for paying its pro -rata share of the costs and fees associated with mediation, and the mediating parties' understanding regarding the confidentiality of discussions and documents introduced during mediation. If mediation results in settlement of the administrative dispute, the District will enter a final order consistent with the settlement agreement. If mediation terminates without settlement of the dispute, the District will notify all the parties in writing that the administrative hearing process under Sections 120.569 and 120.57, Florida Statutes, is resumed. Even if a party chooses not to engage in formal mediation, or if formal mediation does not result in a settlement agreement, the District will remain willing to engage in informal settlement discussions. 3. A person whose substantial interests are or may be affected has the right to an informal administrative hearing pursuant to Sections 120.569 and 120.57(2), Florida Statutes, where no material facts are in dispute. A petition for an informal hearing must also comply with the requirements set forth in Rule 28-106.301, Florida Administrative Code. Notice Of Rights 4. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida during the District's regular business hours. The District's regular business hours are 8:00 a.m. — 5:00 p.m., excluding weekends and District holidays. Petitions received by the District Clerk after the District's regular business hours shall be deemed filed as of 8:00 a.m. on the District's next regular business day. The District's acceptance of petitions filed by e- mail is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, Florida Administrative Code), which is available for viewing at sirwmd.com. These conditions include, but are not limited to, the petition being in the form of a PDF or TIFF file and being capable of being stored and printed by the District. Further, pursuant to the District's Statement of Agency Organization and Operation, attempting to file a petition by facsimile is prohibited and shall not constitute filing. 5. Failure to file a petition for an administrative hearing within the requisite timeframe shall constitute a waiver of the right to an administrative hearing. (Rule 28-106.111, Florida Administrative Code). 6. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 4oC-1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District's final action may be different from the position taken by it in this notice. A person whose substantial interests are or may be affected by the District's final action has the right to become a party to the proceeding, in accordance with the requirements set forth above. 7. Pursuant to Section 120.68, Florida Statutes, a party to the proceeding before the District who is adversely affected by final District action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, within 30 days of the rendering of the final District action. 8. A District action is considered rendered, as referred to in paragraph no. 7 above, after it is signed on behalf of the District and filed by the District Clerk. 9. Failure to observe the relevant timeframes for filing a petition for judicial review as described in paragraph no. 7 above will result in waiver of that right to review. NOR.Decision. DOC.001 Revised 12.7.11 Notice Of Rights Certificate of Service I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent to the permittee: Laura Ferrante Selva Preserve LLC 246 Levy Rd Atlantic Bch, FL 32233-2614 This 20th day of March, 2017. OW7 Margaret Daniels, Office Director Office of Business and Administrative Services St. Johns River Water Management District 4049 Reid Street Palatka, FL 32177-2529 (386) 329-4570 Permit Number: 120212-3 NOTICING INFORMATION Dear Permittee Please be advised that the St. Johns River Water Management District will not publish a notice in the newspaper advising the public that it has issued a permit for this project. Newspaper publication, using the District's notice form, notifies members of the public of their right to challenge the issuance of the permit. If proper notice is given by newspaper publication, then there is a 21 -day time limit for someone to file a petition for an administrative hearing to challenge the issuance of the permit. To close the point of entry for filing a petition, you may publish (at your own expense) a one- time notice of the DistricPs decision in a newspaper of general circulation within the affected area as defined in Section 50.011 of the Florida Statutes. If you do not publish a newspaper notice to close the point of entry, the time to challenge the issuance of your permit will not expire and someone could file a petition even after your project is constructed. A copy of the notice form and a partial list of newspapers of general circulation are attached for your convenience. However, you are not limited to those listed newspapers. If you choose to close the point of entry and the notice is published, the newspaper will return to you an affidavit of publication. In that event, it is important that you either submit a scanned copy of the affidavit by emalling it to compliancesupport@sjrwmd.com (preferred method) or send a copy of the original affidavit to: Margaret Daniels, Office Director Office of Business and Administrative Services 4049 Reid Street Palatka, FL 32177 If you have any questions, please contact the Office of Business and Administrative Services at (386) 329-4570. Sincerely, -74pt ,cum Margaret Daniels, Office Director Office of Business and Administrative Services NOTICE OF AGENCY ACTION TAKEN BY THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Notice is given that the following permit was issued (Name and address of applicant) permit# . The project is located in County, Section Township South, Range East. The permit authorizes a surface water management system on acres for known as . The receiving water body is A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code (F.A.C.), the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P.O. Box 1429, Palatka FL 32178-1429 (4049 Reid St, Palatka, FL 32177) or by e-mail with the District Clerk at Clerk@sjrwmd.com, within twenty-one (21) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes (F.S.), and Chapter 28-106, F.A.C. The District will not accept a petition sent by facsimile (fax). Mediation pursuant to Section 120.573, F.S., may be available and choosing mediation does not affect your right to an administrative hearing. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida during the District's regular business hours. The District's regular business hours are 8 a.m. — 5 p.m., excluding weekends and District holidays. Petitions received by the District Clerk after the District's regular business hours shall be deemed filed as of 8 a.m. on the District's next regular business day. The District's acceptance of petitions filed by e-mail is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, Florida Administrative Code), which is available for viewing at www.sirwmd.com. These conditions include, but are not limited to, the petition being in the form of a PDF or TIFF file and being capable of being stored and printed by the District. Further, pursuant to the District's Statement of Agency Organization and Operation, attempting to file a petition by facsimile (fax) is prohibited and shall not constitute filing. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 40C- 1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District's final action may be different from the position taken by it in this notice. Failure to file a petition for an administrative hearing within the requisite time frame shall constitute a waiver of the right to an administrative hearing. (Rule 28.106.111, F.A.C.). If you wish to do so, please visit http://www.sjrwmd.com/nor dec/ to read the complete Notice of Rights to determine any legal rights you may have concerning the Districts decision(s) on the permit application(s) described above. You can also request the Notice of Rights by contacting the Director of Regulatory Support, 4049 Reid St., Palatka, FL 32177-2529, tele. no. (386)329- 4570. NEWSPAPER ADVERTISING ALAC14UA The Alachua County Record, Legal Advertising P. O. Box 806 Gainesville, FL 32602 352-377-2444/ fax 352-338-1986 BRAFORD Bradford County Telegraph, Legal Advertising P.O. DreverA Starke, FL 32901 904-964-6305/ fax 904-964-8628 CLAY Clay Today, Legal Advertising 1560 Kinsley Ave., Suite 1 Orange Park, FL 32073 904-264-3200/ fax 904-264-3285 FLAGLER Flagler Tribune, c/o News Journal P. O. Box 2831 Daytona Beach, FL 32120-2831 386-681-2322 LAKE Daily Commercial, Legal Advertising P. O. Drawer 490007 Leesburg, FL 34749 352-365-82351fax 352365-1951 NASSAU News -Leader, Legal Advertising P. O. Boz 766 Fernandina Beach, FL 32035 904-261-3696/fax 904-261-3698 ORANGE Sentinel Communications, Legal Advertising 633 N. Orange Avenue Oduclo, FL 32801 407-420-5160/ fax 407-420-5011 PUTNAM Palatka Daily News, Legal Advertising P. O. Box 777 Palatka, FL 32178 386-312-52001 fax 386-312-5209 SEMINOLE Seminole Herald, Legal Advertising 300 North French Avenue Sanford, FL 32771 407-323-9408 BAKER Baker County Press, Legal Advertising P. O. Box 598 Maclenny, FL 32063 904259-2400/ fax 904-259-6502 BREVARD Florida Today, Legal Advertising P. O. Box 419000 Melbourne, FL 32941-9000 321-242-38321 fax 321-242-6618 DUVAL Daily Record, Legal Advertising P. O. Box 1769 Jacksonville, FL 32201 904356-2466 / fax 904-353-2628 INDIAN RIVER Vero Beach Press Journal, Legal Advertising P. O. Box 1268 Vero Beach, FL 32961-1268 772-221-42821 fax 772-978-2340 MARION Ocala Star Banner, Legal Advertising 2121 SW 19th Avenue Road Ocala, FL 34474 352-867-4010/fax 352-867-4126 OKEECHOBEE Okeechobee News, Legal Advertising P. O. Box 639 Okeechobee, FL 34973-0639 863-763-3134/fax 863-763-5901 OSCEOLA Little Sentinel, Legal Advertising 633 N. Orange Avenue Orlando, FL 32801 407-420-5160/ fax 407-420-5011 ST. JOHNS St. Augustine Record, Legal Advertising P. O. Box 1630 St. Augustine, FL 32085 904-819-3436 VOLUSIA News Journal Corporation, Legal Advertising P. O. Box 2831 Daytona Beach, FL 32120-2831 (386) 681-2322 Carter Environmental Services, LLC Selva Preserve, LLC Welland Restoration, Creation and Enhancement Plan In Support of No Net Loss under LDR 24-270 and 24-272(b) May 1, 2017 Summary The Selva Preserve residential development proposes a development impacting 1.13 acres of wetlands (See Proposed Site Overview, Figure 2). In compliance with COAB LDR 24-270 and 24-272(6) requiring no net loss of wetland within the COAB, the development will restore 0.91 acres, create 0.46 acres, enhance 203 acres and preserve 0.31 acres of on-site wetlands, for a total of 3.71 acres of wetland preservation to be held in a conservation easement area (See Conservation Area Overview, Figure 3). In support of this plan, the Unified Mitigation Assessment Method was utilized. (See attached UMAM worksheet as Exhibit "A"). The UMAM was approved by Ryan Spohn, Regulatory Scientist II, of the St. Johns River Water Management District (SJRWMD) as part of Permit 1202123 issued March 20, 2017 (Exhibit "E"). This mitigation plan was also part of the U.S. Army Corps of Engineers Permit SAJ-1992-00736 issued 4 August 2016 (Exhibit "F"). City of Atlantic Beach Requirements 1. Policy A.12.1A of the Atlantic Beach Comprehensive Plan and Section 24-270 of the Land Development Regulations state: "It is the expressed intent of the City that no net loss of jurisdictional wetlands occur through any development action within the City. Any impacted wetlands on the development site shall be replaced elsewhere on the same site or elsewhere within the City of Atlantic Beach". 2. LDR 24-272(b) allows for the restoration or enhancement of wetlands on site in order to comply with the "no net loss' role. This section states: "Where jurisdictional wetlands have been damaged or degraded over time through previous development, storm events, improper drainage runoff or other adverse activities, but where wetland vegetation and habitat still are predominant in quantity on a proposed development site, all plans submitted for review or permitting shall demonstrate a plan for mitigation, restoration, replacement, enhancement or recovery of jurisdictional wetlands in the amount to be displaced by the proposed development." Restoration, Creation and Enhancement Plan The wetlands on site are a significantly degraded, low quality wetlands, which is not connected to any other offsite wetland systems.' Without a plan to restore or enhance, the quality of the remaining wedand will continue to deteriorate. The proposed conservation easement area consists of wetlands and uplands that include berms and early successional vegetation, which generally have a short lifespan and moderate to poor wind resistance, as well as man-made uplands, uplands, a wetland -cut ditch and portions of a man-made canal. This plan proposes to expedite forest succession by planting legacy canopy trees and mid -canopy trees depending on location in the canopy where there is a need. Pursuant to LDA 24-272(b), this Plan proposes to restore 0.91 acres, create 0.46 acres, enhance 2.03 acres and preserve 0.31 acres of on-site wetlands, for a total of 3.71 acres. This on-site mitigation will be held in a conservation easement area. (the "Conservation Area") (Figure 3). The breakdown of the 3.71 acres of the Conservation Area is as follows: • 3.4 acres of degraded wetland not impacted by the development (to be reforested) to include: o 0.91 acres of upland spoil berm created by the excavation of ditches within the 3.71 acres of preserved wetland o 2.03 acres of wetland enhancement o 0.46 acres of wetland creation • 0.09 acres of preserved wetland cut ditch to allow the conveyance of water from the property to the north • 0.22 acres of other surface water - avoided impact In addition to the avoidance and preservation of wetlands on site, the applicant's mitigation plan also proposes the restoration and creation of wetlands in the Conservation Easement in order to mitigate for 1.13 acres of wetland impact onsite (Figure 2) and to meet the "no net loss" standard under LDR 24-272(b) as described in the UMAM worksheet. The applicant is proposing the restoration, creation and enhancement of 3.4 acres of wetland in the Conservation Area by planting 175 additional native trees commonly found in healthy native wetland systems. This plan is designed to expedite forest succession by planting legacy canopy and mid - canopy trees depending on location in the canopy requiring enhancement. 1 This opinion is supported by the COAB expert Steve Swann of ATM. Page 2 of 4 Density Methodology in Support of the Plan Since the City of Atlantic Beach does not have any regulations or codes related to the mitigation, restoration or enhancement of wetlands under section 24-272(b), regulatory guidelines of the St. Johns River Water Management District and U.S. Army Corps of Engineers were followed. Documents relied on for this Plan: • Tree survey dated November 24, 2015 prepared by Associated Surveyors, Inc. o Used to establish current density (Exhibit "B") • Selva Preserve Tree Survey by Certified Arborist Chuck Lippe dated March 6, 2016. (Exhibit "C") • SJRWMD and ACOE guidelines on density requirements for site mitigation Density Calculation Planting density was determined by calculating the existing tree per acre density based on the tree survey prepared by Associated Surveyors, Inc. The forest cover is currently and on average, 278 trees per acre. This is depicted and noted on the Tree Density Justification Map (Figure 4). Carter Environmental confirmed with the SJRWMD and the ACOE that the forest type preferred tree density is 440, 3 gallon trees per acre spaced on ten foot centers. Since current density is 278 trees per acre, replanting an additional 162 three gallon trees per acre meets State and Federal agency guidelines of 440 trees per acre. Under the agency guidelines, the applicant would need to plant, in order to restore, create and enhance the wetland, 183 three gallon trees on the 3.4 acres. This calculation is based on 1.13 acres of impact x 162 trees/acre = 183, 3 gallon trees to meet the"no net loss' standard in section 24-272(b).2 Planting and Size Applicant proposes to exceed the three -gallon size guidelines followed by the SJRWMD and ACOE in order to expedite forest growth and succession. The areas of restoration, creation and enhancement will be planted with a mix of 3, 7,15 and 30 - gallon legacy canopy trees such as Black gum/Tupelo (Nyasa sylvatira), Bald Cypress (Tarodium distchum), Sweetbay Magnolia (Magnolia virginiana), and mid - 2 It should be noted that this calculation is for onsite mitigation of wetland impacts and not for Tree mitigation under Chapter 23. However, where possible, the planted trees will also meet the am and variety requirements for tree mitigation under Chapter 23. Page 3 of 4 canopy trees such as Dahoun Holly (flex rassine) and Wax Myrtle (Myrica cMfera). All of the trees proposed are on the COAB Recommended Tree List found in section 23-33 of the Land Development Regulations. Sizes will be split among the sizes, as follows: 1) 35, 30 gallon trees with at least a 2.5 -inch caliper; 2) 40, 15 gallon trees with 1.5-2.0 inch caliper; 50, 7 gallon trees with a 1 -inch caliper; and, 50, 3 gallon trees with 0.5 -inch caliper. Selection will be based on commercial availability. Live Oaks (Quercus mgrn") will be planted on the upland spoil berms and larger legacy trees will be planted in strategic areas along the canal and near and along 11th Street for public enjoyment and for the privacy and enjoyment of neighbors and residents. Sizing is based on the University of Florida Size Standards (See Exhibit "E" attached). This enhancement will expedite succession in the preserved wetlands and produce a more desirable and established wetland for the future. Preparation and Maintenance Preparation will include removal of exotic or invasive plants and shrubs in the understory in advance of the enhancement project. The wetland enhancement area will be periodically maintained after planting to remove exotic and/or nuisance species that may invade the area. Maintenance events will occur periodically on an as -needed basis by the Homeowners Association or the designated responsible party. Generally, such events will be more frequent following the initial planting effort, decreasing in frequency as the enhancement areas become established. Maintenance will ensure that no greater than 10 percent coverage by nuisance species occurs. Page 4 of 4 CP Legendrod °"' Q PrgectArea -1- 7.21 W. o� ° hee surveyae,+/-a.se ac. i o Surveyed Trees (1,274) rote: 1274 surveyed trees/4.58 acres survey Wetlands to be Reforested */-1.72 ac. area= 278 existing tress/em; therefore, we need an additional 162 Ims/aae to the reach the preferred tree density of 440 trees/scre e m neo or ten foot on center. We proposed planting 174 Pal time and still feel theta appropriate. r.. Bwroa EBW Mltl RoepµY __... Xoni�m wYl on YY u p Y b {4nYp e+� title. CAR.Eiia otvtrrrnret, ralltvt m INC.. Tree Dema Justification Map 1WMee80� SeNa Preeserve eo�vdnne Date: Nov 09 2016 11 Figure: 4 I 0 0 0 O 0 Mo X18 0 1 oia1eio mlgl 1010 sol= O 6 IL NF��,0000� NN o'000C OO 0�0�0 O N N bZ Y E e C S mhlm N h 1t! (6J I } 2p I OiOi O N N E W 3tp BY NNbNmYf o a 6! 0 0 0 OI W NS e i I �g...woo 9 8 � � nnnrrr mmmmmm x dE I °ptpl�li i.I , ° III rii ifli^ol� 7' ,'hll'ii It,� p �r9l��ilE!!9p � 1, i. �.•' °i ! � !! !�! yp, a •�. I ..tti 7 ti •ul � e ° I lf�i��Epel s p 4 !Ea I p°El�Ee°��eEs a e Ili i ipl ''i Ss pI3f .i ! y1 FF i ty{ iR i" 1A 3 lye `r�+�i;•inti.� s j{p� 3 p i° ! plipt I 14 ! t ppl,p°p,h E'°� i 1 iu. �,�'4 �� `lta`•` ktl '!E it iii i �i (i iI pnt� e i i ti 1' $i!' t�ylleli,Eipr E 8' ± \\�ii ii 4' iit u 3� E'Jp'Ji F�ag�lF�IS � � II 1114 4l .4,1 Iiri ♦ t � ] 5ieapF�lple! �� l d ili' Li Ei11 1 it i;l i; % tie. . p 6'lait j'i31ip tp�lpi��9pi ® w 11 I d!i t xl llllT it !• it i lY 011 al9Eila9 I ° ElpE�tpilt jjE' 41 i 1!i 4i�,j i e � ��aiE;l ipie! i e.ls iii aa`i' A°f !E i E/�pt,EiEeitl� t '�11 r lea ` IILIA ! iE��pijjeil;6 I of IA tt?ES g a p i +4�lEp5t:e�itj � ;as,jl:;p�iE a e6El�el9ie�i9t i Exhibit C Selva Preserve Tree Survey by Chuck Lippi ISA Board Certified Master Arborist #FL0501 B ASCA Registered Consulting Arborist #443 Tree Risk Assessment Qualification (TRAQ) and Danny Lippi ISA Certified Arborist FL6145A Tree Risk Assessment Qualification (TRAQ) Page 2 of 15 3M6 Salva Preserve Introduction..........................................................................................3 Background..........................................................................................3 Assignment..........................................................................................3 Purpose and Use of the Report ...........................................................3 Testing and Analysis...........................................................................3 DataCollection....................................................................................4 Tree Condition Rating..........................................................................4 Observations.......................................................................................6 TheTrees.............................................................................................6 TheSite...............................................................................................7 Other Survey Results...........................................................................7 Tree Health and Structural Condition...................................................6 TreeAge/Size.....................................................................................11 Condusions.......................................................................................11 AppendixA.............................................................................12 Certification of Performance.................................................15 Chuck Lippi, Advanced Tree Care, Inc. Registered Consulting Arborist #443 Board Certified Master Arborist FL -0501 B Page 3 of 15 3/6/16 Selva Preserve Introduction Background We were asked by Ryan Carter of Carter Environmental Services, Inc. to perform a tree condition survey of the approximately 7.21 acre parcel known as Selva Preserve. After walking the site and not distinguishing significant variation in the tree species and sizes from one area of the parcel to another, we all agreed that a randomized sample tree survey would provide an accurate profile of the tree species, their sizes and their condition. We received approval to do the sample survey on February 26, 2016 and we completed the survey in less than one day on March 3, 2016. 1 was assisted with the survey by my partner, ISA Certified Arborist Danny Lippi and Michael Spontak GIS Analyst/Project Scientist from Carter Environmental Services, Inc. Assignment Our assignment was to locate and assess the current condition of trees equal to or greater than 12 inches DBH located in ten 1/10 -acre sectors randomly selected within the Selva Preserve but outside designated wetlands. See Appendix A for the location of the ten 1/10 acre sectors. Broadleaf trees and pine trees smaller than 12 -inches DBH and all sabal palm trees (Sabal palmeffo) were not evaluated. We rarely evaluate sabal palm trees because they are generally healthy and free of significant structural defects that might make them hazardous. However, if we observe a diseased or structurally defective palm as we walk through the area, we will note such palms. None were noted on this survey. Purpose and Use of the Report This report is prepared for Carter Environmental Services, Inc. and their clients to be used in its entirety. Assumptions Afield examination of the site was made on March 3, 2016. Our observations and conclusions are as of that date. Testing and Analysis Chuck Lippi, Advanced Tree Care, Inc. Registered Consulting Arborist $443 Board Certified Master Arborist FL -0501 B Page 4 of 15 3/6/16 Selva Preserve We performed a Level 2 Basic Assessment, which is a detailed visual inspection of a tree and Its surrounding site. The Level 2 Assessment includes a 360 -degree visual inspection from ground level on the tree and sound testing of the accessible portions of the trunk with a rubber mallet to listen for tonal variations that may indicate dead external tissue or internal hollows. The inspection was done in accordance with ANSIA300 Standards on Tree Risk Assessment and the companion publication Best Management Practices, Tree RiskAssessmentl,2 Data Collection Both empirical data as well as subjective data were gathered on each tree. Data was collected on HanDBase, a data collection database application used on our smartphones. Empirical data Included: 1. GPS' assigned tree number and location 2. tree species 3. tree diameter (DBH) The subjective data included: 1. health condition (excellent, good, fair, poor) 2. structural condition (excellent, good, fair, poor) 3. structural problems such as codominant leaders, dead branches, decay/ cavities, health problems such as decay fungi, sparse foliage, declining 4. tree condition rating Tree Condition Rating In order to quantify the overall condition of the trees we surveyed, we adapted the risk rating rating system from the Tree Risk Assessment Procedures by combing the following attributes: American National Standards Institute (ANSI) A300 Risk Assessment Pan 9 Tree, Shrub, and Other Woody Plant Management Standard Practices (Tree RiskAsseasment a. Tree Structure Assessment), 2011. 2 Thomas Smiley, Nelda Matheny and Sharon Lilly, Best Management Practices Tree Risk Aaas t. International Society of Arbodcutture, Champaign, Illinois, 2011. 9 GPS measurements and data were collected and aimed by Caner Environmental Services, Inc. to be added to our tree condition data Chuck Lipp, Advanced Tree Care, Inc. Registered Consulting Arborist #443 Board Certified Master Arborist FL -05018 Page 5 of 15 Selva Preserve 3/6/16 1, tree health condition (excellent 4 points, good 3 points, fair 2 points, poor 1 point) 2. structural condition (excellent 4 points, good 3 points, fair 2 points, poor 1 point) 3. species rating (2 points for a desirable tree, and 1 point for a less desirable tree) 4. likelihood of failure (unlikely 4 points, possible 3 points, probable 2 points and imminent 1 point) The Condition Assessment rating Is a subjective measure of relative condition of a tree based upon the four factors above. There are 14 possible points indicating C Trees per Sector c 5 C, 9 D,11 - F.3 A,e Figure 1 Each sector where trees were surveyed is indoated by a leder A through J followed by the number of trees bcated in that sector. Chuck Lippi, Advanced Tree Care, Inc. Registered Consulting Arborist #443 Board Certified Master Arborist FL -0501 8 Page 6 0115 316116 Selva Preserve Tree Species 60.0% 50.0% 40.0% 30.0% 20.0% 10.0%Le do U Figure 2 a tree in the best condition and the lowest possible score is 4 indicating a tree in poorest condition. See the Overall Condition Rating in Figure 6 on page 10. Observations The Trees We evaluated 64 trees in the 10 random sectors. Sectors were assigned a letter from A through J. The number of trees per sector varied from two trees to 13 trees (Figure 1). The trees were mostly Florida native species which include slash pine (Pinus elllottfi), sugarberry (Collis laevigata), red maple (Acer rubrum) and laurel oak (Quercus laurifolia) and smaller numbers of other species. Sixty one of the 64 trees were species considered by most arborists to be lesser species mainly because they are known to have moderate to poor wind resistance, moderate to poor decay resistance and relatively short average lifespans. These species are generally the first to populate a once -cleared site and will eventually succumb to larger, longer -lived spades such as Southern magnolia (Magnolia grandiflora) and Southern live oak (Quercus virginiana) and the sand live oak (Quercus geminata) unless the area is overgrown with invasive species such as camphor (Cinnamomum camphors) and Chinaberry (Melia Chuck Lippi, Advanced Tree Care, Inc. Registered Consulting Arborist #443 Board Certified Master Arborist FL -0501 B Page 7 of 15 3/6/16 Selva Preserve azedarach) which are already found on the site. The distribution of the tree species found is shown in Figure 2. The Site The site is a once cleared successional mesic forest site with intermittent wetlands. Changes to the water table with the construction of nearby canals appears to be causing root slippage and wind throw of trees in saturated areas and possible subsidence and exposure of roots through the decomposition of organic soil constituents where the water table has been lowered. Native vine growth of poison ivy, wild grape, smilax and Virginia creeper are also overtopping and suppressing a significant number of the trees on the site. Other Survey Results Tree Health Condition and Structural Condition 50 40 30 20 10 0 • Goad Flptae 3 Chuck Lippi, Advanced Tree Care, Inc. Registered Consulting Arborist #443 Board Certified Master Arborist FL•0501 B Page 8 of 15 3/6/16 Selva Preserve Tree Health and Structural Condition Each tree was also evaluated as to its overall health and structure. it is important to understand that health and structure are two separate and independent considerations. A tree can be healthy yet have poor and hazardous structure. Live (green) trees can fail and sometimes do. Structurally sound trees sometlmes decline and die from poor health. Figure 3 shows both the health condition and the structural condition of the trees surveyed. Tree health was slightly better than tree structurebut most trees surveyed were ranked as good. No trees were ranked as excellent in either heath or structure. more r Sp Figure 4 Species Desirability Chuck Lippi, Advanced Tree Care, Inc. eslrable 'cies S% Registered Consulting Arborist 4443 Board Cenffied Master Arborist FL -0501 B Page 9 of 15 3/6/16 Selva Preserve Species Desirability Trees were considered less desirable species it they had moderate to poor wind resistance, moderate to poor decay resistance and a relatively short live span. Ninety-five percent of the trees surveyed were in the less desirable species category (Figure 4). LIKELIHOOD OF FAILURE unlikely 8% pe55d 76% Figure 5 Likelihood of Failure The likelihood of failure is a methodology used in tree risk assessment as a guideline! -improbable: The tree or branch is not likely to fail during normal weather conditions and may not fail in many severe weather conditions within the specified time frame. Julian A. Dunster, Thomas Smiley, Nelda Matheny and Sharon Lilly, 2013,1yss Risk Assessment Manual, Champaign, Illinois: International Society ofArbadculture, pp 123-126. Chuck Lippi, Advanced Tree Care, Inc. Registered Consulting Arborist #443 Board Certified Master Arborist FL -0501 B Page 10 of 15 3/6/16 Setva Preserve OVERALL CONDITION RATING Figure a CONDITION RATING (LOWER NUMBER MEANS POORER CONDITION) Tree Sizes Based Upon Trunk Diameter 20 18 16 v 14 v it: 12 ° 10 a E e Z 6 4 2 I- 0 IL —mma,.— 12-14 15-17 18-20 21-23 2426 27-29 30-32 33-35 36-38 Tree Diameter Range (inches) Figure 7 Chuck Lippi, Advanced Tree Care, Inc. Registered Consulting Arborist #443 Board Certified Master Arborist FL -0501B K m ' 4 6 � . 8 9 10 2 Figure a CONDITION RATING (LOWER NUMBER MEANS POORER CONDITION) Tree Sizes Based Upon Trunk Diameter 20 18 16 v 14 v it: 12 ° 10 a E e Z 6 4 2 I- 0 IL —mma,.— 12-14 15-17 18-20 21-23 2426 27-29 30-32 33-35 36-38 Tree Diameter Range (inches) Figure 7 Chuck Lippi, Advanced Tree Care, Inc. Registered Consulting Arborist #443 Board Certified Master Arborist FL -0501B Page 11 of 15 3/6/16 Selva Preserve -Possible: Failure could occur, but it is unlikely during normal weather conditions within the specified time frame. -Probable: Failure may be expected under normal weather conditions within the specified time frame. -imminent: Failure has started or is most likely to occur in the near future even if there is no significant wind or increased load. Seventy six percent of the trees surveyed had a possible likelihood of failure and only eight percent were unlikely to fail. See Figure 5. Tree Age/Size Examining the tree trunk diameters surveyed indicates the tree population on the site is relatively young (Figure 7). A majority of the trees surveyed are between 12 Inches and 20 inches DBH. And few are over 24 inches DBH. Although tree trunk diameter will not give us a precise tree age, it is very indicative of the relative young age of the tree population on the site. Conclusions The trees surveyed are young and in relatively good health and structural condition. However, most of the trees have a short lifespan and are species that have documented moderate to poor wind resistancas,s and moderate to poor ability to compartmentalize or resist decay. The site is rather unremarkable with no notable specimen trees especially live oaks that leave the surveyor in awe when he or she encounters them because of the live oak's massive size. 5 Dr. Mary Duryea and Eliana Kampf, Wind and Trees: Lessons Learned from Hurricanes, University of Fonda publication FOR 118, September, 2007,17 pages. 6 Dr. Ed Gilman, Dr. Mary Duryea, Dr. Eliana Kampf, Dr. Traci Jo Partin, Dr. Astrid Delgado, or Carol Lehtola, Assessing Damage and Restoring Tress Atter a Hurricane, University of Florida Department of Environmental Horticulture Publication ENH1036, 2006, pp. 10-11. Chuck Lippi, Advanced Tree Care, Inc. Registered Consulting Arborist#443 Board Certified Master Arborist FL -0501B Page 12 of 15 Selva Preserve Appendix A 3/6/16 Chuck Lipp, Advanced Tree Care, Inc, Registered Consulting Arborist #443 Board Certified Master Arborist FL -0501 B Page 13 of 15 Selva Preserve 3/6/16 Chuck Lippi, Advanced Tree Care, Inc. Registered Consulting Arhorlst #443 Board Certified Master Arborist FL -0501B Page 14 of 15 9/6/16 Solve Preserve Chuck Lippi, Advanced Tree Care, Inc. Registered Consulting Arborist #443 Board Certified Master Arborist FL -0501 B Page 15 of 15 3/6/16 Selva Preserve Certification of Performance I, Chuck Lippi, certify that: Arborists cannot detect every condition that could possibly lead to the structural failure of a tree. Trees are living organisms that fail in ways we do not fully understand. Conditions are often hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy, safe or adequately protected under all circumstances or for a specified period of time. Likewise, remedial, protective and mitigating treatments and recommendations cannot be guaranteed. I have no current or prospective interest in the vegetation or the property that is the subject of this report and have no personal interest or bias with respect to the party or parties involved. I certify that all the statements made in this report are true, complete and correct to the best of my knowledge and belief and are made in good faith. The analysis, opinions and conclusions stated herein are my own and are based on current scientific procedures and facts. My analysis, opinions and conclusions were developed and this report has been prepared according to commonly accepted arboricultural practices. My compensation is not contingent upon the reporting of a predetermined conclusion that favors the rause of the client or any other parry nor upon the results of the assessment, the attainment of stipulated results or the occurrence of any subsequent events. There Is no warranty or guarantee, expressed or implied, that problems or deficiencies of the plants or property in question may not arise in the future. I reserve the right to change my reports/opinions on the basis of new or different evidence. Loss or alteration of any part of this report invalidates the entire report. I further certify that I am a member in good standing of the American Society of Consulting Arborists (ASCA), the International Society of Arboriculture (ISA) and the Florida Urban Forestry Council and am an ISA Board Certified Master Arborist FL -0501 B and an ASCA Registered Consulting Arborist #443. S�l �' I Chuck L1ppi, Advanced Tree Care, Inc. Registered Consulting Arborist #"3 Board Certified Master Arborist FL -05018 |J3 !| ) | . || |• !!!. IA -I | i! ■ !§!!| | !|i !§| !�!<!! },| � !!! ! ;;V;!! | !|.§|!�|k��■�■�rl,�!|,!§!|!|�!i !§|§ �■�§ |7$!!lI�I777!!!�l77777 | ..................... ■.:,.rr,�=,�,,,.,_:.:. 2 a 3 8 3 9 3 3 3 8 d 3 3 3 s 3 8 r m I III gE gm gS All g8A yS S 4 S �g �d8488A8A S Ali �Sg gS Ali yE y 8A%8R8 8885 a S m S S S m S S a S S m S S S S S S a a A A . . a" a" a" . a" a" a a EnoC G i C Y @ P � e39 3338A$'.g 39'23339393930.3-`�8;9a S 3 u u u u L$ s u a i _L d l' $d c T 3 3 3$g��< �.. S� 3 3 8 vu Y u Y u Ya u E Y�pSA C C C $q'�S'q C C SY sms"a_mym Y Y c u $ c e u° E yyE Y yyE 9 9 3 s V 3 3 3 3 3 6g 3 d f< a Y Y � Y 5 .�`a$a4a Yaa aasaYayas a =$a� 4e 4 a n n a a a 9 a m n a p n ry m m m O m m m m m O m ga gm $m z z g 9 J A A 9 7 y2 li E ,R s< K e � G e Y �s ES S g a � go 41132018 Frilnn-Mi Exhibit D Root ball size standards The American National Standards Institute (1996) recommends minimum root ball saes for field - grown trees based on trunk diameter or tree height. In addition. Florida Grades and Standards (Fla. Dept Agric., 1998) makes minimum container size recommendations for trees grown in aboveground containers and fabric containers. Adhering to these standards helps trees to successfuly establish in the landscape. I Trunk diameter (caliper) is measured 6 inches from the ground unless trunk is more than 4 inches caliper. If so, measure trunk caliper 12 inches above ground. Source: American Standard far Nursery Stock ANSI 60.1, and Florida Grades and Standards for Nursery Stock- See: tock Sae: box sizes �TSR!T� Copyright 2015 i Unlverelb of Florida) Sita Feedbeck l Last Modi6etl: Febnony 2T, 2015 M�/AstitoM.vArWmdrhmFbel�meeimtlertsfMil Vt Minimum Minimum ball MrImum mot MIMMM Minimum Trunk tree height Madmum calPer tliameteron ball diameter on container tree height (inches)1 fieldgrown fabric eaealner sltt on on slower tree standard height made base grown Daae (ganona) grown treae loses 1 16 12 5 6 5 10 2 24 16 20 10 a 14 3 32 20 45 12 9.5 16 4 42 s0 95 14 10.5 16 5 54 36 95 I Trunk diameter (caliper) is measured 6 inches from the ground unless trunk is more than 4 inches caliper. If so, measure trunk caliper 12 inches above ground. Source: American Standard far Nursery Stock ANSI 60.1, and Florida Grades and Standards for Nursery Stock- See: tock Sae: box sizes �TSR!T� Copyright 2015 i Unlverelb of Florida) Sita Feedbeck l Last Modi6etl: Febnony 2T, 2015 M�/AstitoM.vArWmdrhmFbel�meeimtlertsfMil Vt Exhibit E St. Johns River Water Management District Amo Sh rrele. Ph.D., Emcutive I)EM 4049 Reid Street • P.O. Box 1429 • Palatka, FL 32178-1429 • (386) 329.4500 On the Internet at www.sjrwmd.com. March 20, 2017 Laura Ferrante Selva Preserve LLC 248 Levy Rd Atlantic Bch, FL 32233-2614 SUBJECT: 120212-3 Selva Preserve Dear Sir/Madam Enclosed is your individual permit issued by the SC Johns River water Management District on March 20, 2017. This permit is a legal document and should be kept with your other important documents. Permit issuance does not relieve you from the responsibility of obtaining any necessary permits from any federal, state, or local agencies for your project. Technical Staff Report; If you wish to review a copy of the Technical Staff Report (TSR) that provides the District's staff analysis of your permit application, you may view the TSR by going to the Permitting section of the District's website at wwou.sinumd.com/permitfing. Using the "search appliceticns and permits" feature, you can use your permit number or project name to find information about the permit When you see the results of your search, dick on the permit number and then on the TSR folder. Noticing Your Permit: For noticing instructions, please refer to the noticing materials in this package regarding closing the point of entry for someone to challenge the issuance of your permit. Please note that if a timely peti0on for administrative hearing is filed, your permit will become non -final and any activities that you choose to undertake pursuant to your permit will be at your own risk. Compliance with Permit Conditions: To submit your required permit compliance information, go to the Districts website at wwwsjrwmd.comlpertnitting. Under the "Apply for a permit or submit compliance data' section, click to sign -in to your existing account or to create a new account. Select the 'Compliance Submittal tab, enter your permit number, and select "No Specific Date" for the Compliance Due Date Range. You will then be able to view all the compliance submittal requirements for your project. Select the compliance item that you are ready to submit and then attach the appropriate information or form. The forms to comply with your permit conditions are available at www.sjrwmd.com/permitting under the section "Handbooks, forms, fees, final orders". Click on forms to view all permit compliance forms, then scroll to the ERP application forms section and select the applicable complieroe forms. Alternatively, B you have difficulty finding forms or need GOVERNING cAAma - JohnA.Miklos,soxh W FaEaaObNJ[. .. Chuck DrAl mlMI Ronl a,l suue OPunoo AAA .Ih/im0 so. Douglas C. eournil armRIN Enkg, Jr. Dal ill MEAM N si cons Yell v l.F {grahAYA wunum arm61EN R.I.I. copies of the appropriate forms, please contact Bre Bureau of Regulatory Support at (386) 329- 4570. Transferring Your Permit: Your permit requires you to notify the District within 30 days of any change in ownership or control of the project or activity covered by the permit, or within 30 days of my change in ownership or control of the real property on which the permitted project or activity is located or occurs. You will need to provide the District with the information specified in rule 62-330.340, Florida Administrative Code (FA.C.). Generally, this will require you to complete and submit Form 62-330.340(1), "Request to Transfer Permit," available at http://www.sqrwmd.com/permiWna/pemitforms.html. Please note that a permittee is liable for compliance with Bre permit before the permit is transferred. The District, therefore, recommends that you request a permit transfer in advance in accordance with the applicable rules. You are encouraged to contact District staff for assistance with this process. Thank you and please let us know B you have additional quesdons. For general questions contact e-pernaft"rwmd.com or (386) 329-4570. Sincerely, ,ow L Margaret Daniels, Office Director Office of Business and Administrative Services St. Johns River Water Management District 4049 Reid Street Palatka, FL 32177-2529 (386)329-4570 Enclosures: Permit oc: District Permit File Laura Ferrante Sella Preserve LLC 248 Levy Rd Atlantic Bch, FL 32233-2614 ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Post Office Box 1429 Palatka, Florida 32178-1429 PERMIT NO: 120212-3 DATE ISSUED: March 20, 2017 PROJECT NAME: Selva Preserve A PERMIT AUTHORIZING: Construction of a Stomavater Management System with stormwater treatment by Wet Detention for Selva Preserve, a 7.42 - acre project to be constructed as per plans received by the District on July 29, 2016. LOCATION: Section(s): 16 Township(s): 2S Range(s): 29E Duval County ISSUED TO: Salva Preserve LLC 248 Levy Rd Atlantic Bch, FL 32233-2614 The permittee agrees to hold and save the St. Johns River Water Management District and its successors harmless from any and all damages, claims, or liabilities which may arise from permit issuance. Said application, including all plans and specifications attached thereto, is by reference made a part hereof. This permit does not convey to the permittee any property rights nor any rights or privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation or requirement affecting the rights of other bodies or agencies. All structures and works installed by permittee hereunder shall remain the property of the permittee. This permit may be revoked, modified or transferred at any time pursuant to the appropriate provisions of Chapter 373, Florida Statutes. PERMIT IS CONDITIONED UPON: See conditions on attached "Exhibit A", dated March 20, 2017 AUTHORIZED BY: St. Johns River Water Management District Division of Regulatory Services By. David Miracle Regulatory Coordinator "EXHISIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 120212.3 Selva Preserve DATED March 20, 2017 1. All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62-330.315, F.A.C. Any deviations that are not so authorized may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S. 2. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the District staff. The permittee shell require the contractor to review the complete permit prior to beginning construction. 3. Acthftes shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manuel (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida Department of Emdronmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5, FAC., unless a project -specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit 4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the District a fully executed Form 62-330.350(1), "Construction Commencement Notice;[50-1-13], incorporated by reference herein (http:/A n.flrules.orgIGateway/reference.asp?No=Ref-02505), indicating the expected start and completion dates. A copy of this form may be obtained from the District, as described in subsection 62-330.010(5), F.A.C. If available, an District website that fulfills this notification requirement may be used in lieu of the farm. 5. Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the fife of the project or activity. 6. Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable: a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex—'Construction Completion and Inspection Certification for Activities Associated With a Private Single -Family Dwelling Unit" [Form 62-330.310(3)1; or b. For all other activities— "As-Buih Certification and Request for Conversion to Operational Phase' [Form 62-330.310(1)]. c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. 7. If the final operation and maintenance entity is a third party: a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as -built certification, whichever comes first, the permittee shag submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Volume 1) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located. b. Within 30 days of submittal of the as- built certification, the permittee shall submit "Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity" [Form 62-330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form. 8. The permittee shall notify the District in writing of changes required by any other regulatory District that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes. 9. This permit does not: a. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, FA.C.; b. Convey to the permittee or create in the permittee any interest in real property, c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee. 10. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Intemal Improvement Trust Fund shall not be considered received until It has been fully executed. 11. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit. 12. The permittee shall notify the District in writing: a. Immediately if any previously submitted information is discovered to be inaccurate; and b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. 13. Upon reasonable notice to the permittee, District staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. 14. If tiny prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245.6333 or (800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorizadon from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or otter supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise. 16. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, FAC., or cause violations of state water quality standards. 17. This permit is issued based on the applicant's submitted information that reasonably demonstrates that adverse water resource-related impacts will not be caused by the completed permit activity, if any adverse impacts result, the District Will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts. 18. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with Rule 62-330.090(), F.A.C. Such notice is not an encumbrance upon the property. 19. The operation and maintenance entry shall inspect the stormwater or surface water management system once within two years after the completion of construction and every two years thereafter to determine it the system is functioning as designed and permitted. The operation and maintenance entity must maintain a record of each required inspection, including the date of the inspection. the name and contact information of the inspector, and whether the system was functioning as designed and permitted, and make such record available for inspection upon request by the District during normal business hours. If at any time the system is not functioning as designed and permitted, Men within 30 days the entity shall submit a report electronically or in writing to the District using Form 62330.311(1), "Operation and Maintenance Inspection Certification; describing the remedial actions taken to resolve the failure or deviation. 20. Deed of Conservation Easement This permit requires the recording of a conservation easement. Within 30 days of recording, the penndtee shall provide the District with: (a) the original recorded easement (including exhibits) shaving the date it was recorded and the official records book and page number, (b) a copy of the recorded plat (d applicable), (c) a surveyor's sketch of the easement area plotted on the appropriate USGS topographic map, and (d) the original recorded consent andjoinder(s) of mortgagee (if applicable). Before recording them, the permittee shall ensure that these documents are acceptable to the District as described below. Description of Conservation Easement Ar The permittee shall provide to the District for review and written approval a copy of: (a) the preliminary plat showing the area to be encumbered by the conservation easement, or (b) a surveyor's sketch and legal description of the area to be placed under the conservation easement, per the approved mitigation plan, at least 45 days before (1) dredging, filling, or clearing any wetland or surface water for which mitigation is required; (2) clearing any upland within a Riparian Habitat Protection Zone for which mitigation is required; (3) the sale of any lot or parcel; (4) the recording of the subdivision plat; or (5) use of the infrastructure for its intended use, whichever occurs first. If the impacts to an upland within a Riparian Habitat Protection Zone or to a wetland or surface water for which mitigation is required will occur in discrete phases, the areas to be preserved to offset such impacts may be placed under conservation easement In phases such that impacts are offset during each phase. Such phasing of preservation shall only occur if it has been proposed in the mitigation plan and approved by the permit, or if it is approved in writing by the District. A surveyors sketch and legal description of the area to be placed under conservation easement during each phase must be submitted in accordance with the previous paragraph. Recordino of Conservation Easement. Before (1) dredging, filling, or clearing any wetland or surface water for which mitigation is required, (2) clearing any upland within a Riparian Habitat Protection Zone for which mitlgadon is required, (3) the sale of any lot or parcel, (4) the recording of the subdivision plat, or (5) use of the infrastructure for its intended use, whichever occurs first, the permittee shall record a conservation easement. The conservation easement shall include restrictions on the real property pursuant to section 704.06, Florida Statutes, and be consistent with section 10.3.8, ERP Applicant's Handbook, Volume I(October 1, 2013) and Fla. Admin.Code R. 62-330.301(6). The conservation easement shall be in the form approved in writing by the District and, if no plat has been submitted, the easement shall include the approved legal description and surveyor's sketch. If the District does not provide written comments on the preliminary plat or surveyors sketch and legal description within 45 days of receipt, then the permittee may record the conservation easement with the legal description and surveyor's sketch or plat reference previously submitted. If the District provides written disapproval of the preliminary plat or surveyor's sketch and legal description, the permittee shall, within ten (10) days of receipt of the disapproval, correct all errors with the conservation easement, including the preliminary plat or legal description and surveyors sketch, and record the conservation easement. Pursuant to section 704.06, Florida Statutes, the conservation easement shall prohibit all construction, including clearing, dredging, or filling, except that which is specifically authorized by this permit, within the mitigation areas delineated on the final plans ands mitigation proposal approved by the District. The easement may not be amended without written District approval. Additional Documents Required. The permittee shall ensure that the conservation easement identifies, and is executed by, the correct grantor, who must hold sufficient record title to the land encumbered by the easement. If the easement's grantor is a partnership, the partnership shall provide to the District a partnership affidavit stating that the person executing the conservadon easement has the legal authority to convey an interest in the partnership land. If there exist any mortgages on the land, the permittee shall also have each mortgagee execute a consent and joinder of mortgagee subordinating the mortgage to the conservation easement. The consent and joinder of the mortgagee shall be recorded simultaneously with the conservation easement in the public records of the county where the land is located. Within 30 days of recording, the permittee shag provide the District with: (a) the original recorded easement (including exhibits) showing the date it was recorded and the official records book and page number, (b) a copy of the recorded plat (d applicable), (c) a surveyor's sketch of the easement area plotted on the appropriate USGS topographic map, and (d) the original recorded consent and joinder(s) of mortgagee if applicable). Demarcation of Conservation Easement Area Prior to lot or parcel sales, all changes in direction of the easement area boundaries must be permanently monumented above ground on the project site. 21. The surface water management system must be constructed and operated as per plans received by the District on July 29, 2016 22. This permit for construction will expire on August 14, 2020. 23. Prior to initiating any construction for this project, me District must receive a letter of verification from the Greens Creek Mitigation Bank stating that a transaction of 0.53credks has been completed. 24. In the event that the permittee does not successfully complete the transaction to obtain 0.53 -credits from the Greens Creek Mitigation Bank, the permittee must obtain a modification to this permit prior to beginning construction to provide suitable alternative mitigation for the proposed wetland impacts. 25. The proposed mitigation plan must be implemented per plans received February 14, 2017. Notice Of Rights 1. A person whose substantial interests are or may be affected has me right to request an administrative hearing by filing a written petition with the St. Johns River water Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Adrrunistradve Code, the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P. O. Box 1429, Palatka Florida 32178-1429 (4049 Reid St., Palatka, FL 32177) or by e-mail with the District Clerk at Clerk9I)sirwmd.com, within twenty-six (26) days of the District depositing the notice of District decision in the mail (for those persons to whom the District mails actual notice), within twenty-one (21) days of the District emailing the notice of District decision (for Besse persons to whom the District emails actual notice), or within twenty-one (21) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida Administrative Code. The District will not accept a petition sem by facsimile (fax), as explained in paragraph no. 4 below. 2. Please be advised that if you wish to dispute this District decision, mediation may be available and that choosing mediation does not affect your right to an administrative hearing, If you wish to request mediation, you must do so in a timety-filed petition. If all parties, including the District, agree to the details of the mediation procedure, in writing, within 10 days after the time period stated in the announcement for election of an administrative remedy under Sections 120.569 and 120.57, Florida Statutes, the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes, shall be tolled to allow mediation of the disputed District decision. The mediation must be concluded within 60 days of the date of the parties' written agreement, or such other timeframe agreed to by the parties in writing. Any mediation agreement must include provisions for selecting a mediator, a statement that each parry shall be responsible for paying its pro -rata share of the costs and fees associated with mediation, and the mediating parties' understanding regarding the confidentiality of discussions and documents introduced during mediation. If mediation results in settlement of the administrative dispute, the District will enter a final order consistent with the settlement agreement. If mediation terminates without settlement of the dispute, the District will notify all the parties in writing that the administrative hearing process under Sections 120.569 and 120.57, Florida Statutes, is resumed. Even it a parry chooses not to engage in formal mediation, or if formal mediation does not result in a settlement agreement, the District will remain willing to engage in informal settlement discussions. 3. A person whose substantial interests are or may be affected has the right to an informal administrative hearing pursuant to Sections 120.569 and 120.57(2), Florida Statutes, where no material facts are in dispute. A petition for an informal hearing must also comply with the requirements set forth in Rule 28-106.301, Florida Administrative Code. Notice Of Rights 4. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida during the Distriet's regular business hours. The District's regular business hours are 8:00 a -m. — 5:00 p.m., excluding weekends and District holidays. Petitions received by the District Clerk after the District's regular business hours shall be deemed filed as of 8:00 a.m. on the Districts next regular business day. The District's acceptance of petitions filed by e- mail is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation Qssued pursuant to Rule 28-101.001, Florida Administrative Code), which is available for viewing at sfrwmd.com. These conditions include, but are not limited to, the petition being in the toren of a PDF or TIFF file and being capable of being stored and printed by the District. Further, pursuant to the District's Statement of Agency Organization and Operation, attempting to file a petition by facsimile is prohibited and shall not constitute filing. 5. Failure to file a petition for an administrative hearing within the requisite timeframe shall constitute a waiver of the right to an administrative hearing. (Rule 28-106.111, Florida Administrative Code). 6. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 40C-1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District's final action may be different from the position taken by it in this notice. A person whose substantial interests are or may be affected by the District's final action has the right to become a party to the proceeding, in accordance with the requirements set forth above. 7 Pursuant to Section 120.68, Florida Statutes, a parry to the proceeding before the District who is adversely affected by final District action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, within 30 days of the rendering of the final District action. 8. A District action is considered rendered, as referred to in paragraph no. 7 above, after it is signed on behalf of the District and filed by the District Clerk. 9. Failure to observe the relevant timeframes for filing a petition for judicial review as described in paragraph no. 7 above will result in waiver of that right to review. NOR. Decision. DOC.001 Revised 12.7.11 Notice Of Rights Certificate of Service I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent to the permittee: Laura Ferrante Salva Preserve LLC 248 Levy Rd Atlantic Bch, FL 32233-2614 This 20th day of March, 2017. Margaret Daniels, Office Director Office of Business and Administrative Services St. Johns River Water Management District 4049 Reid Street Palatka, FL 32177-2529 (386) 329-4570 Permit Number: 120212-3 NOTICING INFORMATION Dear Permittee Please be advised that the St. Johns River Water Management District will not publish a notice in the newspaper advising the public that it has issued a permit for this project. Newspaper publication, using the District's notice form, notifies members of the public of their right to challenge the issuance of the permit. If proper notice is given by newspaper publication, then there is a 21 -day time limit for someone to file a petition for an administrative hearing to challenge the issuance of the permit To close the point of entry for filing a petition, you may publish (at your own expense) a one- time notice of the District's deasion in a newspaper of general circulation within the affected area as defined in Section 50.011 of the Florida Statutes. If you do not publish a newspaper notice to close the point of entry, the time to challenge the issuance of your permit will not expire and someone could file a petition even atter your project is constructed. A copy of the notice form and a partial list of newspapers of general circulation are attached for your convenience. However, you are not limited to those listed newspapers. If you choose to close the point of entry and the notice is published, the newspaper will return to you an affidavit of publication. In that event, it is important that you either submit a scanned copy of the affidavit by emailing it to compliancesupport®slrwmd.com (preferred method) or send a copy of the original affidavit to: Margaret Daniels, Office Director Office of Business and Administrative Services 4049 Reid Street Palatka, FL 32177 If you have any questions, please contact the Office of Business and Administrative Services at (366) 329-4570. Sincerely, X , fid Margaret Daniels, Office Director Office of Buslness and Administrative Services NOTICE OF AGENCY ACTION TAKEN BY THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Notice is given that the following permit was issued on (Name and address of applicant) permit# . The project is located in County, Section Township South, Range East. The permit authorizes a surface water management system on acres for known as . The receiving water body is A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St Johns River Water Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code (F.A.C.), the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P.O. Box 1429, Palatka FL 32178-1429 (4049 Reid St Pela*A FL 32177) or by e-mail with the District Clerk at Clerk®sjrwmd.com, within twenty-one (21) days of newspaper publication of the notice of District decision (for those persons to whom Bre District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes (F.S.), and Chapter 28-106, F.A.C. The District will not accept a petition sent by facsimile (fax). Mediation pursuant to Section 120.573, F.S., may be available and choosing mediation does not affect your right to an administrative hearing. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida during the District's regular business hours. The District's regular business hours are 8 a.m. — 5 p.m., excluding weekends and District holidays. Petitions received by the District Clerk after the District's regular business hours shall be deemed filed as of 8 a.m. on the District's next regular business day. The District's acceptance of petitions filed by e-mail is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation (issued pursuant to Rule 28401.001, Florida Administrative Code), which is available for viewing at www.sjrwmd.cam. These conditions include, but are not limited to, the petition being in the form of a PDF or TIFF file and being capable of being stored and printed by the District Further, pursuant to the District's Statement of Agency Organization and Operation, attempting to file a petition by facsimile (fax) is prohibited and shall not constitute filing. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 4oC- 1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District's final action may be different from the position taken by B in this notice. Failure to file a petition for an administrative hearing within the requisite time frame shall constitute a waiver of Bre right to an administrative hearing. (Rule 28.106.111, F.A.C.). If you wish to do so, please visit httpJMnvtv.sjrwmd.comina_deci to read the complete Notice of Rights to determine any legal rights you may have concerning the District's decision(s) on the permit application(s) described above. You can also request the Notice of Rights by contacting the Director of Regulatory Support, 4049 Reid St, Palatka, FL 32177-2529, tele. no. (386)329- 4570. NEWSPAPER ADVERTISING ALACHUA The Alachua County Record, Legal Advertising P. O. Box 806 Gainesville, FL 32602 352-377-2444/ fax 352-338-1986 BRAFORD Bradford County Telegraph, Legal Advertising P. O. Drawer A Starke, FL 32901 904.9646305/ fax 904964-8628 CLAY Clay Today, Legal Advertising 1560 Kinsley Ave., Suite 1 Orange Pads, FL 32073 904264-32001 fax 904264-3285 FLAGLER Flagler Tribune, c/o News Journal P. O. Box 2831 Daytona Beach, FL 32120-2831 386- 681-2322 LAKE Daily Commercial, Legal Advertising P.O. Drawer 490007 Leesburg, FL 34749 352-365-8235/rax 352-365-1951 NASSAU Ne Leader, Legal Advertising P. O. Box 766 Fernandina Beach, FL 32035 904-261-3696/fax 904-261-3698 ORANGE Sentinel Communications, Legal Advertising 633 N. Orange Avenue Orlando, FL 32801 407-4265160/ fax 407-420.5011 PUMAM Palatka Daily News, Legal Advertising P. O. Box 777 Palatka, FL 32178 386-3.1.2-52001 fax 386-312-5209 SEMINOLE Seminole Herald, Legal Advertising 300 Norm French Avenue Sanford, FL 32771 407-323-9408 BAKER Baker County Press, Legal Advertising P. O. Box 598 Maclenny, FL 32063 904-259-2400/ fax 904259-6502 BREVARD Flodda Today, Legal Advertising P. O. Box 419000 Melbourne, FL 32941-9000 321-2423832/ fax 321-242-6618 DUVAL Daily Record, Legal Advertising P. O. Box 1769 Jacksomdlle, FL 32201 904-356-2466 / tax 904-3532628 INDIAN RIVER Vero Beach Press Journal, Legal Advertising P. O. Box 1268 Vero Beach, FL 32961-1268 772-221-42671 tax T72.97&2340 MARION Ocala Srar Banner, Legal Advertising 2121 SW 19th Avenue Road Ocala, FL 34474 352-867-4010Rax 352-867-4126 OKEECHOBEE Okeechobee News, Legal Advertising P.O, Box 639 Okeechobee, FL 34973.0639 863-76331341fax 863-763-5901 OSCEOLA Little Sentinel, Legal Advertising 633 N. Orange Avenue Orlando, FL 32601 407-420-51601 fax 407-420-5011 ST. JOHNS St. Augustine Record, Legal Advertising P. O. Box 1630 St. Augustine, FL 32085 904.819.3436 VOLUS/A News Journal Corporation, Legal Advertising P. O. Box 2831 Daytona Beach, FL 321262831 (386) 681-2322 Solve Preserve, LLC Attn: Ms. Laura Ferrante 248 Levy Road Atlantic Beach, Florida 32233 Dear Ms. Ferrante: The U.S. Army Corps of Engineers (Corps) is pleased to enclose the Department of the Army permit, which should be available at the constwctlon she. Work may begin immediately but the Corps must be notified of: a. The date of commencement of the work, b. The dates of work suspensions and resumption of work, if suspended over a week, and c. The date of final completion. This information should be mailed to the Special Projects and Enforcement Branch of the Regulatory Division of the Jacksonville District at the letterhead address. The Special Projects and Enforcement Branch is also responsible for inspections to determine whether Permittees have strictly adhered to permit conditions. IT IS NOT LAWFUL TO DEVIATE FROM THE APPROVED PLANS ENCLOSED. Sincer�f �. Kinard Chief, ulatory Division Endosure Copies Furnished. --gr. Ryan Carter, CES, 7 Waldo Street, St. Augustine, Florida 32084 CESAJ-RD-PE Exhibit F DEPARTMENT OF THE ARMY JACKSOnVILLE DISTRICT CORPS OF ENGINEERS S..NW POSTOFFICE SOX "" JACKSONWLLE,F RIDA=32 August 4, 2016 Regulatory Division North Permits Branch Jacksonville Permits Section SAJ-1992-00736 Solve Preserve, LLC Attn: Ms. Laura Ferrante 248 Levy Road Atlantic Beach, Florida 32233 Dear Ms. Ferrante: The U.S. Army Corps of Engineers (Corps) is pleased to enclose the Department of the Army permit, which should be available at the constwctlon she. Work may begin immediately but the Corps must be notified of: a. The date of commencement of the work, b. The dates of work suspensions and resumption of work, if suspended over a week, and c. The date of final completion. This information should be mailed to the Special Projects and Enforcement Branch of the Regulatory Division of the Jacksonville District at the letterhead address. The Special Projects and Enforcement Branch is also responsible for inspections to determine whether Permittees have strictly adhered to permit conditions. IT IS NOT LAWFUL TO DEVIATE FROM THE APPROVED PLANS ENCLOSED. Sincer�f �. Kinard Chief, ulatory Division Endosure Copies Furnished. --gr. Ryan Carter, CES, 7 Waldo Street, St. Augustine, Florida 32084 CESAJ-RD-PE DEPARTMENT OF THE ARMY PERMIT Permittee: Salva preserve, LLC Attn: Ms. Laura Ferrante 248 Levy Road Atlantic Beach, Florida 32233 Permit No: SAJ-1992-00736 Issuina lice: U.S. Army Enaineer District. Jacksonville NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the U.S. Army Corps of Engineers (Corps) having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work In accordance with the terms and conditions specified below. Protect Description: The permittee is authorized to discharge clean fill material over a total of 1.12 acres of waters of the United States (wetlands) to facilitate the establishment of a residential subdivision. The work described above is to be completed in accordance with the 5 pages of drawings and 3 attachments affixed at the end of this permit instrument. The permittee also is authorized to implement the work associated with the attached City of Atlantic Beach Mitigation Plan, which would result in the creation, restoration, and enhancement of wetlands. Prolect Location: The project site is located north of 11' street, east of Linkside Drive, and west of Sherman Creek, in Section 16, Township 2 South, Range 29 East, Atlantic Bear, Duval County, Florida. The project affects waters wetlands associated with Sherman Creek, a tributary of Puckett Creek. Approximate Central Coordinates: Latitude: 30.3367" Longitude: -81.4043" Permit Conditions General Conditions 1. The time limit for completing the work authorized ends on If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. PERMIT NUMBER: SAJ-1992-00736 PERMITTEE: Salva Preserve, LLC PAGE 2 of 6 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement H you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature and the mailing address of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Special Conditions: 1. Reporting Address: The Permittee shall submit all reports, notifications, documentation, and correspondence required by the general and special conditions of this permit to the following address: a. For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Special Projects and Enforcement Branch, Post Office Box 4970, Jacksonville, Florida 32232- 0019. b. For electronic mail CESAJ-ComplyDccs@usace.army.mil (not to exceed 10 MB). The Permittee shall reference this permit number, SAJ-1992-00736, on all submittals. PERMIT NUMBER: SAJ-1992-00736 PERMITTEE: Selva Preserve, LLC PAGE 3 of 8 2. Commencement Notification: Within 10 days from the date of initiating the work authorized by this permit, the Permittee shall provide a written notification of the date of commencement of authorized work to the Corps. 3. Erosion Control: Prior to the initiation of any work authorized by this permit, the Permittee shall install erosion control measures along the perimeter of all work areas to prevent the displacement of fill material outside the work area Into waters of the United States. Immediately after completion of the final grading of the land surface, all slopes, land surfaces, and filled areas shall be stabilized using sod, degradable mats, barriers, or a combination of similar stabilizing materials to prevent erosion. The erosion control measures shall remain in place and be maintained until all authorized work is completed and the work areas are stabilized. 4. FIII Material: The Permittee shall use only dean fill material for this project. The fill material shall be free from items such as trash, debris, automotive parts, asphalt, construction materials, concrete block with exposed reinforcement bars, and soils contaminated with any toxic substance, in toxic amounts in accordance with Section 307 of the Clean Water Act. 6. Mitigation Bank Credit Purchase: Within 30 days from the date of initiating the work authorized by this permit, the Permittee shall provide verification to the Corps that 0.6 palustrine forested federal mitigation bank credits have been purchased from the Greens Creek Mitigation Bank (SAJ-2008-04255). The required verification shall reference this project's permit number (SAJ-1992-00736). 6. Wettand Avoidance Areas: Except as authorized by this permit, the Permittee shall avoid the remaining onsite wetlands. These wetland areas were avoided as part of this permit application review process; and, therefore, the remaining wetland areas will not be disturbed by any activities that would degrade the ecological integrity of the site including dredging, filling, land clearing, or other construction work whatsoever except as required or authorized by this permit. The Corps reserves the right to deny review of any requests for future impacts to these avoided wetland areas. 7. Agency Changes/Approvals: Should any other agency require and/or approve changes to the work authorized or obligated by this permit, the Permittee is advised a modification to this permit instrument is required prior to Initiation of those changes. It is the Pernittee's responsibility to request a modification of this permit from the Jacksonville Permits Section. The Corps reserves the right to fully evaluate, amend, and approve or deny the request for modification of this permit. PERMIT NUMBER: SAJ-1992-00736 PERMITTEE: Salva Preserve, LLC PAGE 4 of 8 8. Notice of Permit: The Permittee shall complete and record the "Notice of Department of the Army Permit' form with the Clerk of the Circuit Court, Registrar of Deeds or other appropriate official charged with the responsibility of maintaining records of title to or interest in real property within the county of the authorized activity. Within 90 days from the effective date of this permit, the Permittee shall provide a copy of the recorded Notice of Permit to the Corps clearly showing a stamp from the appropriate official indicating the book and page at which the Notice of Permit is recorded and the date of recording. 9. Self -Certification: Within 60 days of completion of the work authorized by this permit, the Permittee shall complete the attached Self -Certification Statement of Compliance form and submit it to the Corps. In the event that the completed work deviates in any manner from the authorized work, the Permittee shall describe the deviations between the work authorized by this permit and the work as constructed on the Self-CerlHfcetlon Statement of Compliance form. The description of any deviations on the Self -Certification Statement of Compliance forth does not constitute approval of any deviations by the Corps. Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: ( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) (X) Section 404 of the Clean Water Act (33 U.S.C. 1344) ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413) 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal projects. PERMIT NUMBER: SAJ-1992-00736 PERMITTEE: Salva Preserve, LLC PAGE 5 of 8 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United Slates in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this peril. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicants Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public Interest decision. Such a reevaluation may resuft in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained In 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures PERMIT NUMBER: SAJ-1992-00736 PERMITTEE: Salva Preserve, LLC PAGE 6 of 8 ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions: General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. (PERMITTEE) (PERMITTEE NAME -PRINTED) (DATE) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. (DISTRICT ENGINEER) (DATE) Jason A. Kirk, P.E. Colonel, U.S. Army District Commander PERMIT NUMBER: SAJ-1992-00736 PERMITTEE: Salva Preserve, LLC PAGE 7 of S When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANS FEREE-SIGNATURE) (NAME -PRINTED) (ADDRESS) (CITY, STATE, AND ZIP CODE) (DATE` PERMIT NUMBER: SAJ-1992-00736 PERMITTEE: Solve Preserve, LLC PAGE 8 of 8 Attachments to Department of the Army Permit Number SAJ-1992-00736 1. PERMIT DRAWINGS: 5 pages, dated January 2016 and July 2016 2. WATER QUALITY CERTIFICATION: 11 pages, Specific Conditions of the water quality permit/certification in accordance with General Condition number 5 on page 2 of this DA permit 3. CITY OF ATLANTIC BEACH MITIGATION PLAN: 5 pages 4. RECORD PERMIT FORM: 2 pages 5. SELF -CERTIFICATION FORM: 1 page %rk Y [ 11 YPn T q/ r - r A. 1 .e 1Nm tlr i r: 7+ kxnvc BeR�h a g �• s 1 �• t P - SI l 4h t ti / 7 . g rv2 9' 4 �� 'irY' � �'•.1. aT xl r Legend �3eP'Lmtd ikrtcia` Project Area. 4 z O Bvm.: U608iWaMb BSN OshaY° 5 £laulx� _ CARI'F.R F.NVfROIVMENTAl Looabon Map Project 5.08002 �RVICES.INC. Selva Preserve Dow: October 2013 R ao:.b..sissws w nw Duval County, Florida ppm: 1 WMYxI Inptb 1:035 ar � t �� 2 J s y _ eiP _ 1 yp Watlantl Impa A 2'.1 Legend Project Area +/-7.21 as AH Asnd Impar 3.0.08 er L_ Wattand Impacts +1- 1.12 ac- Welland-Cut c Welland -Cut Ditch Impact +/- 0.004 ac. Upland -Cut Ditch Impact +/-0.D4 ac. �!'a�ena Impetle 4, 0.1__i-_ Wetlands +/- 1.92 ac. Wetland -Cut Ditch +/- 0.27 ac. M Canal +/- 0.22 ac. r. m eo Fe 6wian FBPo AnIY POotgnFry Ib,MEn rtpe�nY on W m�pb br IYNa WrFr mh CARTan@IVOiONM16` TAL prcpased Site Overview, ACOE 9 VICra,INC. ^�- Selva Preserve lLNry�.0.kW F+F0.11m wrmePsneem Fhalect 5.0900] Ouval County, FL Date: Jul Figure: 2 ,I 1= L 6' Legend Project Area +/_ 7.21 ac. Wetland Restoration+/ -0.70 ac. Wetland Creation +l- 0.46 ac. Wetland Enhancement +1- 2.07 ac. Wetland -Cut Ditch+/ -0.36 ac. Canal +/_ 0.22 ac. a ps �w Pump: tlPo Mpl PxopygppM 1bpeYn np W IYI pn AY mpp a rc, pwnry ,1 COnSBNdon Arm OVeNIew SERVICES, INC. �1 Solve Preserve 1= L 6' Legend Project Area +/_ 7.21 ac. Wetland Restoration+/ -0.70 ac. Wetland Creation +l- 0.46 ac. Wetland Enhancement +1- 2.07 ac. Wetland -Cut Ditch+/ -0.36 ac. Canal +/_ 0.22 ac. a ps �w Pump: tlPo Mpl PxopygppM 1bpeYn np W IYI pn AY mpp a rc, pwnry ,1 COnSBNdon Arm OVeNIew SERVICES, INC. Solve Preserve rp4G6pir ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Post Office Box 1429 Palatka, Florida 32178.1429 PERMIT NO: 120212-2 DATE ISSUED: August 14, 2015 PROJECT NAME: Selva Preserve A PERMIT AUTHORIZING: Construction of a Stormwater Management System with stormwater treatment by wet detention and retention for Sella Preserve, a 7.21- acre project to be constructed as per plans received by the District on August 11, 2015. LOCATION: Section(s): 16 Township(s): 2S Range(s): 29E Duval County Receiving Water Body; herme Clasa ar [ III Fresh IW ISSUED TO: Selva Preserve LLC 248 Levy Rd Atlantic Bch, FL 32233-2614 The permittee agrees to hold and save the St. Johns River Water Management District and its successors harmless from any and all damages, claims, or liabilities which may arise from permit issuance. Said application, including all plans and specifications attached thereto, is by reference made a part hereof. This permit does not convey to the permittee any property rights nor any rights or privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation or requirement affecting the rights of other bodies or agencies. All structures and works installed by permittee hereunder shall remain the property of the permittee. This permit may be revoked, modified or transferred at any time pursuant to the appropriate provisions of Chapter 373, Florida Statutes. PERMIT IS CONDITIONED UPON: See conditions on attached 'Exhibit A', dated August 14, 2015 AUTHORIZED BY: SL Johns River Water Management District Division of Regulatory, Engineering and Environmental Services By: David Miracle Service Center Director "EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 120212-2 Selva Preserve DATED August 14,2015 1. All activities shall be implemented following the plans, specifications and performance criteria approved by this permit Any deviations must be authorized in a permit modification in accordance with Rule 62-330.315, F.A.C. Any deviations that are not so authorized may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S. 2. A complete copy of this permit shall be kept at the work she of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the District staff. The permittee shall require the contractor to review the complete permit prior to beginning construction. 3. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2006), which are both incorporated by reference In subparagraph 62-330.050(g)(b)5, F.A.C., unless a project -specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit. 4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the District a fully executed Far 62-330.350(1), "Construction Commencement NOtice,'[1a1-13], incorporated by reference herein (htto:/Avanv.firuies.ora/Gateway/reference,asn?No--Ref-02505), indicating the expected start and completion dates. A copy of this for may be obtained from the District, as described in subsection 62-330.010(5), FAC. If available, an District website that fulfills this notification requirement may be used in lieu of the form. 5. Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.310, FAC., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity. 6. Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable: a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadmplex —"Construction Completion and Inspection Certification for Activities Associated With a Private Single -Family Dwelling Unit" [Form 62-330.310(3)]; or b. For all other activities — "As -Built Certification and Request for Conversion to Operational Phase" [Form 62330.310(1)]. c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. 7. If the final operation and maintenance entity is a third party; a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as -built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maimenance documents (see sections 12.3 thru 12.3.3 of Volume 1) as filed with the Department of State, Division of Corporations and a copy of any easemen4 plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located. b. Within 30 days of submittal of the as- buil certification, the permittee shall submit 'Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity' [Form 62-330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form. B. The permittee shall notify the District in wridng of changes required by any other regulatory District that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes. 9- This permit does not: a. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62330, F.A.C.; b. Convey to the permittee or create in the permittee any interest in real property; c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or d. Authorize any enhance upon or work on property that is not owned, held in easement, or controlled by the permittee. 10. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal improvement Trust Fund shall not be considered received until it has been fully executed. 11. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit. 12. The permittee shall notify the District in writing: a. Immediately if any previously submitted information is discovered to be inaccurate; and b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62.330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. 13. Upon reasonable notice to the permittee, District staff with proper identificadon shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. 14. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cuhures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other design" shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remans are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a forma determination under Rule 62-330.201, FA.C., provides otherwise. 16. The permittee shall provide roudne maintenance of all components of the stormwater management system to remove trapped sediments and debris, Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards. 17. This permit is issued based on the applicant's submitted information that reasonably demonstrates that adverse water resource-related impacts will not be caused by the completed permit activity. If any adverse impacts result, the District will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts. 18. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with Rule 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property. 19. Prior to initiating any construction for this project, the District must receive a letter of verification from the Greens Creek Mitigation Bank stating that a transaction of 1.10creciiLs has been completed. 20. In the event that the permittee does not successfully complete the transaction to obtain 1.10-credits from the Greens Creek Mitigation Bank, the permittee must obtain a modification to this permit prior to beginning construction to provide suitable alternative mitigation for the proposed wetland impacts. 21. The proposed mitigation plan must be implemented per plans received February 5, 2015. 22. The proposed project must be constructed and operated as per plans and calculations received by the District on August 11, 2015. 23. Deed Restrictions This permit requires the recording at Deed Restrictions and drainage easement that covers the rear yard swale at the back of each lot as depicted in the permit drawings. The restriction shall provide the following language: Swale Maintenance The Developer has constructed a Drainage Swale upon each Lot for the purpose of managing and containing the flow of excess surface water, if any, found upon such lot from time to time. Each lot owner, including builders, shall be responsible for the maintenance, operation and repair of the swales on the lot Maintenance, operation and repair shall mean the exercise of practices, such as mowing and erosion repair, which allow the swales to provide drainage, water storage, conveyance or other stormwater management capabilities as permitted by the St. Johns River Water Management District. Fllling, excavation, construction of fences or otherwise obstructing the surface water flow in the swales is prohibited. No alteration of the Drainage Swale shall be authorized and any damage to any Drainage Swale, whether caused by natural or human -induced phenomena, shall be repaired and the Drainage Swale returned to its former condition as soon as possible by the Owner(s) of the Lot(s) upon which the Drainage Swale is located. Within 30 days of recording, the permittee shall provide the District with: (a) a certified copy of the recorded deed for each lot pncluding exhibits) showing the date it was recorded and the official records book and page number, (b) a copy of the recorded plat (d applicable), and (c) a surveyors sketch of the restricted area platted on the appropriate USGS topographic map. Before recording, the permittee shall ensure that these documents are acceptable to the District. 24. The deed restriction and drainage easement language referenced in the above condition must be recorded prior to initiating construction of any homes or submittal of the as -built certification, whichever is sooner. Notice of Rights 1. A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code, the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P. O. Box 1429, Palatka Florida 32178-1429 (4049 Reid St, Palatka, FL 32177) or by e-mail with the District Clerk at Clerkitlisirwmd.com, within twenty-sbc (26) days of the District depositing the notice of District decision in the mail (for those persons to whom the District mails actual notice), within twenty-0ne (21) days of the District entailing the notice of District decision (for those persons to whom the District emails actual nodes), or within twenty-one (21) days of newspaper publication of the nofice of District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida Administrative Code. The District will not accept a petition sent by facsimile (fax), as explained in paragraph no. 4 below. Please be advised that if you wish to dispute this District decision, mediation may be available and that choosing mediation does not affect your right to an administrative hearing. If you wish to request mediation, you must do so in a timely -filed petition. I[ all parties, including the District, agree to the details of the mediation procedure, in writing, within 10 days after the time period stated in the announcement for election of an administrative remedy under Sections 120.569 and 120.57, Florida Statutes, the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes, shall be tolled to allow mediation of the disputed District decision. The mediation must be concluded within 60 days of the date of the parties' written agreement, or such other timetrame agreed to by the parties in writing. Any mediation agreement must include provisions for selecting a mediator, a statement that each parry shall be responsible for paying its pro -rata share of the costs and fees associated with mediation, and the mediating parties' understanding regarding the confidentiality of discussions and documents introduced during mediation. If mediation results in settlement of the administrative dispute, the District will enter a final order consistent with the settlement agreement if mediation terminates without settlement of the dispute, the District will notify all the partes in writing that the administrative hearing process under Sections 120.569 and 120.57, Florida Statutes, is resumed. Even if a party chooses not to engage in formal mediation, or if formal mediation does not result in a settlement agreement, the District will remain willing to engage in informal settlement discussions. 3. A person whose substantial interests are or may be affected has the right to an informal administrative hearing pursuant to Sections 120.569 and 120.57(2), Florida Statutes, where no material facts are in dispute. A petition for an informal hearing must also campy with the requirements set forth in Rule 28-106.301, Florida Administrative Code. Notice of Rights 4. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida during the District's regular business hours. The District's regular business hours are 8:00 a.m. — 5:00 p.m., excluding weekends and District holidays. Petitions received by the District Clerk after the District's regular business hours shall be deemed filed as of 8:00 a.m. on the District's next regular business day. The District's acceptance of petitions filed by e- mail is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, Florlda Administrative Code), which is available for viewing at RaWaswatercom. These conditions include, but are not limited to, the petition being in the form of a PDF or TIFF file and being capable of being stored and printed by the District Further, pursuant to the District's Statement of Agency Organization and Operation, attempting to file a petition by facsimile is prohibited and shall not constitute filing. S. Failure to file a petition for an administrative hearing within the requisite timeframe shall constitute a waiver of the right to an administrative hearing. (Rule 28-106.111, Florida Administrative Code). 6. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 20-106, Florida Administrative Code, and Rule 40C-1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District's final action may be different from the position taken by it in this notice. A person whose substantial interests are or may be affected by the District's final action has the right to become a party to the proceeding, in accordance with the requirements set forth above. 7. Pursuant to Section 120.68, Florida Statutes, a party to the proceeding before the District who is adversely affected by final District action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, within 30 days of the rendering of the final District action. 8. A District action is considered rendered, as referred to in paragraph no. 7 above, after it is signed on behalf of the District and filed by the District Clerk. 9. Failure to observe the relevant timeframes for filing a petition for judicial review as described in paragraph no, 7 above will result in waiver of that fight to review. NOR. Decision. DOC.001 Revised 12.7.11 Notice of Rights Certificate of Service I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent to the permittee: Selva Preserve LLC 248 Levy Rd Atlantic Bch, FL 32233-2614 This 14th day of August, 2015. -Ix K":'d Margaret Daniels, Bureau Chief Bureau of Regulatory Support St, Johns River Water Management District 4049 Reid Street Palatka, FL 32177-2529 (386) 329-4570 Permit Number: 120212-2 NO ILO fH dIYllt75!SIN:1 Dear Permittee Please be advised that the St. Johns River Water Management District will not publish a notice In the newspaper advising the public that H has issued a permit for this project. Newspaper publication, using the Distncrs notice form, notifies members of the public of their right to challenge the issuance of the permit H proper notice is given by newspaper publication, then there is a 21 -day time limit for someone to file a petition for an administrative hearing to challenge the issuance of the permit. To dose the point of entry for filing a petition, you may publish (at your owm expense) a one- time notice of the District's decision in a newspaper of general circulation within the affected area as defined in Section 50.011 of the Florida Statutes. H you do not publish a newspaper notice to close the point of entry, the time to challenge the Issuance of your permit will not expire and someone could file a petition even after your project is constmcted. A copy of the notice form and a partial list of newspapers of general circulation are attached for your convenience. However, you are not limited to those listed newspapers. If you choose to Gose the point of entry and the notice Is published, the newspaper will return to you an affidavit of publication. In that event, it is important that you either submit a scanned copy of the affidavit by entailing it to comphancesupport@sjrwmd.com (preferred method) or send a copy of the original affidavit to: Margaret Daniels, Bureau Chief Bureau of Regulatory Support 4049 Reid Street Palatka, FL 32177 If you have any questions, please contact the Bureau of Regulatory Support at (386) 3294570. Sincerely, 7X Kk+u,-d Margaret Daniels, Bureau Chief Bureau of Regulatory Support NOTICE OF AGENCY ACTION TAKEN BY THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Notice is given that the following permit was issued on (Name and address of applicant) permit# . The project is located in County, Section Township South, Range East. The permit authorizes a surface water management system on acres for (mown as . The receiving water body is A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code (F.A.C.), the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P.O. Box 1429, Palatka FL 32178-1429 (4049 Reid St, Palatka, FL 32177) or by e-mail with the District Clerk at Clerk®sjrwmd.com, within twenty-one (21) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes (F.S.), and Chapter 28-106, F.A.C. The District will not accept a petition sem by facsimile (fax). Mediation pursuant to Section 120.573, F.S., may be available and choosing mediation does not affect your right to an administrative hearing. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida during the District's regular business hours. The District's regular business hours are 8 a.m. — 5 p.m., excluding weekends and District holidays. Petitions received by the District Clerk after the District's regular business hours shall be deemed filed as of 8 a.m. on the District's next regular business day. The District's acceptance of petitions filed by a -mal is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, Florida Administrative Code), which is available for viewing at floridaswater.com. These conditions include, but are not limited to, the petition being in the form of a PDF or TIFF file and being capable of being stored and printed by the District. Further, pursuant to the District's Statement of Agency Organization and Operation, attempting to file a petition by facsimile (fax) is prohibited and shall not constitute filing. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 4oC- 1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the Dislricrs final action may be different from the position taken by it in this notice. Failure to file a petition for an administrative hearing within the requisite time frame shall constRute a waiver of the right to an administrative hearing. (Rule 28-106.111, FA.C.). If you wish to do so, please visit hltpJMloridaswater.cominor—dec/ to read the complete Notice of Rights to determine any legal rights you may have concerning the Districts decision(s) on the permit application(s) described above. You cm also request the Notice of Rights by contacting fire Director of Regulatory Support, 4049 Reid St., Palatka, FL 32177-2529, tele. no. (386)329- 4570. NEWSPAPER ADVERTISING ALACHUA The Alachua County Record, Legal Advertising P. O. Box 806 Gainesville, FL 32602 352-377.24441 fax 352-338.1986 BRAFORD Bradford County Telegraph, Legal Advertising P. O. Drawer A Starke, FL 32901 904964-63051 tax 904-964-8628 Cur Clay Today, Legal Advertising 1560 Kinsley Ave., Suite 1 Orange Park, FL 32073 904-26432001 fax 9042643285 FLAGLER Flagler Tribune, rlo News Jotmal P. O. Box 2831 Daytona Beach, FL 32120-2831 386-6B1-2322 LAKE Daily Commercial, Legal Advertising P. O. Drawer 490007 Leesburg, FL 34749 352.36552351fax 352-365-1951 NASSAU Ne Leader, Legal Advertising P. O. Box 766 Fernandina Beach, FL 32035 904-261-36961fax 904261-3698 ORANGE Sentinel Communications, Legal Advertising 633 N. Orange Avenue Orlando, FL 32801 407-420-51601 fax 407-4205011 PUTNAM Palatka Daily News, Legal Advertising P. O. Box 777 Palatka, FL 32178 3863125200/ fax 386-312-5209 SEMMVOLE Seminole Herald, Legal Advertising 300 North French Avenue Sanford, FL 32771 407323-9408 BAKER Baker County Press, Legal Advertising P. O. Box 598 Madenny, FL 32063 904259.24001 fax 904259.6502 BREVARD Florida Today, Legal Advertising P. O. Box 419000 Melbourne, FL 32941-9000 321-242-38321 fax 321-242-6618 DUVAL Daily Record, Legal Advertising P. O. Box 1759 Jad¢omolle, FL 32201 904356-24661 fax 904-353-2628 INDIAN RIVER Vero Beach Press Joumal, Legal Adverdsing P. O. Box 1268 Vero Beach. FL 32961-1268 772-221-4282/ fax 772-978-2340 MARION Ocala star Banner, Legal Advertising 2121 SW 19th Avenue Road Ocala, FL 34474 352-867-4010Rax 352-867-4126 OKEECHOBEE Okeechobee News, Legal Advertising P. O. Box 639 Okeechobee, FL 34973-0639 863-763-3134/fax 863-763-5901 OSCEOLA Little Sentinel, Legal Advertising 633 N. Orange Avenue Orlando, FL 32801 407-420-51601 fax 407-4205011 ST. JOHNS St. Augustine Record, Legal Advertising P. O. Box 1630 St. Augustine, FL 32.085 904319-3436 VOLUSIA Naas Joumal Corporation, Legal Advensing P. O. Box 2831 Daytona Beach, FL 32120-2831 (386) 681-2322 Selva Preserve Duval County, Flodda July 7016 4.0 To offset the wetland impacts for the City of Atlantic Beach, the applicant proposes a combination of on-site wetland creation, wetland enhancement, wetland restoration and wetland preservation (Figure 3). A conservation easement, granted to SJRWMD, will be recorded over the on-site mitigation areas in addition to the placement of signage identifying the conservation areas. This will ensure that hydrology and habitat will be preserved in perpetuity. All mitigation and the recording of associated conservation easements will be completed within 90 days of commencement of construction. Specific mitigation details are provided below: 4.1 On -Site Wetland Creation The revised mitigation plan proposes the creation of 0.46 acres of forested wetlands created from uplands (Figure 3). The target topography within the creation area will match that of the adjacent wetlands, +3.5 - +4.5 feet. The creation areas will be will be planted with a mix of 3, 7, 15 and 30 -gallon legacy canopy trees such as Black gum (Nyasa sylvatica), Cypress (Tarodium distdmm.), Sweetbay (Magnolia vitginiuna), and mid -canopy trees such as Dahoun Holly (Ilex cassine) and Myrtle leaf Holly (Ilex myrtifolia). Trees will be planted at a density of 100 trees per acre, totaling 174 trees. Sizes will be quartered, so there will be 25% 30 gallon trees with 2.5 -inch caliper, 25% 15 gallon trees with 1.5 -inch caliper, 25% 7 gallon trees with 1 -inch caliper and 25% 3 gallon trees with 0.5 -inch caliper. Selection will be based on commercial availability. Our sizing is based on the University of Florida Size Standards (attached). This enhancement will expedite succession in the preserved wetlands and produce a more desirable and established wetland for the future. Selva Preserve Duval County, Florida July 2016 4.2 Onsite Wetland Enhancement The revised mitigation plan proposes enhancement of two forested wetland systems, totaling 2.07 acres (Figure 3). The wetlands consist of early successional vegetation, which generally have a short lifespan and moderate to poor wind resistance. As part of mitigation for 1.06 acres of wetland impact (Figure 2), the applicant is proposing the enhancement of remaining 2.07 acres of forested wetlands by planting 207 additional native trees. This plan proposes to expedite forest succession by planting legacy canopy trees and mud -canopy trees depending on location in the canopy that there is a need. The planting density was determined by calculating the existing tree per acre based on the 24 November 2015 tree survey prepared by Associated Surveyors, Inc. We extrapolated that the forest cover is currently 278 trees per acre, based on the tree survey Therefore, we need to plant an additional 162 trees per acre to reach the forest type preferred tree density of 440 trees per acre or on ten foot centers. We feel our proposal of 174 trees is appropriate. These enhancement areas will be planted with a mix of 3, 7, 15 and 30 -gallon legacy canopy trees such as Black gum (Nyssa sylvatica), Cypress (Taxodium distchum.), Sweetbay, (Magnolia virginiana), and mud -canopy trees such as Dahoun Holly (flex cassine) and Myrtle leaf Holly (Ilex myrtifolia). Trees will be planted at a density of 100 trees per acre, totaling 174 trees. Sizes will be quartered, so there will be 25% 30 gallon trees with 2.5 -inch caliper, 25% 15 gallon trees with 1.5 -inch caliper, 25% 7 gallon trees with 1 -inch caliper and 25% 3 gallon trees with 0.5- mch caliper. Selection will be based on commercial availability. Our sizing is based on the University of Florida Size Standards (attached). This enhancement will expedite succession in the preserved wetlands and produce a more desirable and established wetland for the future. 4.3 On -Site Welland Restoration The proposed mitigation plan includes U.7U acres of wetland restoration that will be planted with a mix of 3, 7,15 and 30 -gallon legacy canopy trees such as Black gum (Nyssa sylvatica), Cypress (Taxodium distdtum.), Sweetbay (Magnolia virginiana), and mid -canopy trees such as Dahoun Holly (Ilex cassine) and Myrtle leaf Holly (Ilex myrWia). Trees will be planted at a density of 100 trees per acre, Selva Preserve Duval County, Florida July xtn6 totaling 174 trees. Sizes will be quartered, so there will be 25% 30 gallon trees with 2.5 -inch caliper, 25% 15 gallon trees with 1.5 -inch caliper, 25% 7 gallon trees with 1 -inch caliper and 25% 3 gallon trees with 0.5 -inch caliper. Selection will be based on commercial availability. Our sizing is based on the University of Florida Size Standards (attached). This enhancement will expedite succession in the preserved wetlands and produce a more desirable and established wetland for the future. 4.4 On -Site Wetland Preservation The proposed mitigation plan includes the preservation of 0.36 acres of wetland cut ditch and 0.22 acres of canal limsservation. These areas will be placed under a conservation easement granted to the St. Johns River Water Management District. 43 Construction Sequence and Details The earthwork and planting will be done within 90 days of the commencement of construction. Siltation and floating turbidity curtains and/or synthetic hay bales will be erected between the mitigation areas and adjacent wetlands, prior to grading, in order to minimise/avoid adverse impacts to water quality in the adjacent wetlands. The mitigation areas will be monitored and inspected during and immediately following construction to ensure compliance with the mitigation design and to determine final ground and surface -water elevations. The siltation and floating turbidity curtains and/or synthetic hay bales will be removed after the soil in the mitigation areas has stabilized. A conservation easement will also be recorded over the mitigation areas in addition to the placement of signage identifying the conservation areas. 4.6 Monitoring The proposed mitigation areas will be monitored annually (September/October) for five years. A quantitative report will be prepared to record the incidence of nuisance/exotic species and capture any planting mortality. This report will include all data collected during the monitoring iteration plus photographs, descriptions of problems encountered and solutions undertaken. Reports will specifically address the incidence of nuisance/exotic species, including the methods, by which they will be controlled or removed, and the frequency and Selva Preserve Duval County, Florida July 2016 dates of such maintenance events. Monitoring reports will be forwarded to SJRWMD following each monitoring event. 4.7 Success Criteria • Survival: At least 80 percent of the planted tree species have survived and are showing signs of normal annual growth. Should plantings not survive, CFS will propose adaptive management techniques (approved by the District) to ensure 80% survivorship of planted species. • Percent Cover: At least 80 percent cover (in the appropriate strata) by appropriate wetland tree species has been obtained. • Hvdrologv: Hydrological conditions we shown to be in general conformation with those specified in the mitigation plan; and • Time Limit: The above criteria have been achieved by the end of a 5 -year period following initial planting. 4.8 Sampling Design Various sampling methods will be utilized in the creation areas to aid in data collection. 1. Belt Transects: 15 -foot wide belt transects will be located across each creation area. The number of transects will be determined in order to represent approximately 10 percent of the creation areas. The location of each transect will be staked in the field with fixed reference points. Data collated along the belt transects will include: • Total number of planted trees per transect. • Percent survival of planted trees along each transect. • Estimated recruitment density and composition of other trees and shrubs in the creation areas. 2. Photographs: Photographic records will be submitted along with each monitoring report. Fixed reference points will be staked in the field adjacent to the mitigation areas for a panoramic series of photographs. 3. Wildlife Utilization: Qualitative observations of wildlife utilization of the mitigation areas will be recorded with emphasis upon aquatic and wetland dependent species and endangered/threatened species. 4. Hydrology: Surface water elevations will be estimated at the time of monitoring. Selva Preserve Duval County, Florida 49 Maintenance July ams The wetland creation areas will be periodically maintained after planting to remove exotic and/or nuisance species that may invade the area. Maintenance events will occur periodically on an as -needed basis. Generally, such events will be more frequent following the initial planting effort, decreasing in frequency as the mitigation areas become established and coverage is evident. Maintenance will ensure that no greater than 10 percent coverage by nuisance species occurs. 5.0 CONCLUSION As proposed, we believe the project successfully demonstrates avoidance and minimization of wetland impacts to the greatest extent possible given requirements of the success of the project. Further the applicant has provided a sufficient mitigation plan to fully offset the wetland functions lost as a result of the project. Prepared by: Permittee: _ Address: Phone: NOTICE OF DEPARTMENT OF THE ARMY PERMIT TAKE NOTICE the U.S. Army Corps of Engineers (Corps) has issued Department of the Army Permit SAJ-1992-00736 to Salva Preserve, LLC (Permittee) on XXXXXX XX, 2016, authorizing impacts to waters of the United States (including wetlands) in accordance with Section 404 of the Clean Water Act on a parcel of land known as Folio/Parcel ID: 172027-0100 encompassing approximately 7.54 acres located within a portion of in Section 16, Township 2 South, Range 29 East, Atlantic Beach, Duval County, Florida. Within 30 days of any transfer of interest or control of that portion of the premises containing the area authorized to be filled (or any portion thereof), the Permittee must notify the Corps in writing of the property transfer by submitting the completed permit transfer page of the permit. Notification of the transfer does not by itself constitute a permit transfer. Therefore, purchasers of that portion of the premises containing the area authorized to be filled (or any portion thereof) are notified that it is unlawful for any person to construct, after, operate, maintain, remove or abandon any works, inducting dredging or filling, without first having obtained a permit from the Corps in the purchasers name. The subject Permit concerns only that portion of the property determined to fall within the jurisdiction of the Corps and this notice is applicable only to those portions of the subject property containing areas authorized to be filled and wetland mitigation/conservation areas subject to the Permit. Conditions of the Permit: The Permit is subject to General Conditions and Special Conditions which may affect the use of the subject property. Accordingly, Interested parties should closely examine the entire Permit, all associated applications, and any subsequent modifications. To obtain a copy of the permit in its entirety submit a written request to: U.S. Army Corps of Engineers Regulatory Division - Special Projects & Enforcement Branch Post Office Box 4970 Jacksonville, Florida 32232-0019 Questions regarding compliance with these conditions should be directed to: U.S. Army Corps of Engineers Enforcement Secfion Post Office Box 4970 Jacksonville, Florida 32232-0019 Conflict Between Notice and Permit This Notice of Permit is not a complete summary of the Permit. Provisions in this Notice of Permit shall not be used in interpreting the Permit provisions. In the event of conflict between this Notice of Permit and the Permit, the Permit shall control. This Notice is Not an Encumbrance This Notice is for informational purposes only. It is not intended to be a lien, encumbrance, or cloud on the title of the premises. Release This Notice may not be released or removed from the public records without the prior written consent of the Corps. This Notice of Permit is executed on this day of 20_. This document is being submitted for recordation in the Public Records of Duval County, Florida as part of the requirement imposed by Department of the Army Permit No SAJ-1992-00736 issued by the Corps. Permittee: Address: Phone: STATE OF FLORIDA COUNTY OF DUVAL The foregoing instrument was acknowledged before me this day of 20, by , who is personally known to me or has produced as identification. Notary Public (seal) Print My Commission Expires SELF -CERTIFICATION STATEMENT OF COMPLIANCE Permit Number: SAJ-1992.00736 Permittee's Name & Address (please print or Telephone Number. Location of the Work: Date Work Started: Date Work Completed: PROPERTY IS INACCESSIBLE WITHOUT PRIOR NOTIFICATION: YES _ NO TO SCHEDULE AN INSPECTION PLEASE CONTACT AT Description of the Work (e.g. bank stabilization, residential or commercial filling, docks, dredging, etc.): Acreage or Square Feet of Impacts to Waters of the United States: Describe Mitigation completed (if applicable): Describe any Deviations from Permit (attach drewing(s) depicting the deviations): I certify that all work, and mitigation (if applicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s). Signature of Permittee Full Name of Permittee (printed or typed) Date Written Narrative Application for Review of Subdivision Concept Plan SELVA PRESERVE May 2, 2017 PROJECT CONTACT INFORMATION: Applicant/Owner: Laura Ferrante lauraferramendaol.com 904-333-5944 Applicant Counsel: Paul Harden, Esq. Paul Harden(d bellsouth net 904-396-5731 Contact for application questions: RPC General Contractors 904-241-4416 Damty@!ycgc.com Jennifer(»Jpcgc.com Civil Engineer: Jim Lucas imlaator(albellsouth.net 904-396-3060 Environmental Consultant: Ryan Carter Rva acarterenv.com 904-540-1786 PROJECT SUMMARY Selva Preserve is a 7.21 acre site located north of I la Street between the Sherman Creek Canal and the Selva Linkside development and is currently zoned RS -1, with a 1,and Use designation of RL. Applicant proposes a subdivision with 11 lots, each meeting the requirements of LDR Sec 24-105 for RS -1 zoning. No waivers or variances are requested Applicant seeks City approval of its Subdivision Concept Plan for residential subdivision consistent with Atlantic Beach Country Club and adjacent neighborhoods. The project incorporates the existing natural features of the property. The project will consist of single family lots within a gated community designed to protect the natural conservation and preserve areas along the canal. The road, gate feature, perimeter fencing and common landscaping will be privately owned and maintained by the Selva Preserve Home Owners Association. 3.71 acres of preserved wetland on site will be preserved by Conservation Easement. The development project bas received ACOE and SJRWMD permits. U. Land Use Designations and Zoning Districts The current land use is low density residential which allows a density of 6 DU/AC for a total of 43 dwelling units on the 7.21 acres. 3.71 acres of wetland will be preserved on the property as well as reforested and enhanced on-site, allowing for a total developable area of 3.5 acres. RS -1 zoning, therefore, allows for 21 DU/AC on this property. The proposed development of 11 dwelling units is a 48% reduction of the potential developable units on the properly. The proposed project is also compatible with surrounding land uses and zoning. Direction Land Use Zoning East Low Density Residential Residential — Large Lots South Low Density Residential Planned Unit Development 35' wide lots West Low Density Residential Planned Unit Development 50' wide lots North Golf Coursetresidential Planned Unit Development 55' to 60' lots M. Development Standards The developer will meet all portions of the COAB Land Development Code (LDC). Maximum allowed density per land use Proposed density Maximum number of units Lot Requirements: Maximum Lot Coverage Maximum building height Entry Signage and Lighting Vehicular Access Landscaping Tree Removal Fencing/sidewalks Utilities Construction 6 umts/acre 3.5 units per acre 11 lots 75' minimum lot width, 100' lot depth, 20' Som setback, 7.5' side setback, 20' rear setback. 50% 35 feet In accordance with Section 17.28 of the COAB LDC As shown on the site plan, Access is off 11th Street, Emergency Gate only at Parkside Drive Landscaping shall be in accordance with the requirements of the current Division 8 of Chapter 24 of the COAB LDC. Tree removal and mitigation shall be in compliance with Chapter 23 of the COAB LDC 6' Perimeter fencing on the west and South side. Sidewalks as requited. All utilities shall be underground and will be owned by the Utility Company or COAB. All drainage discharges will comply with the SJRWMD permit for quantity and quality. NPDES standards will be complied with during construction via a permit and installation of erosion control facilities. Wetland Preservation Existing intermittent wetlands on site have been significantly affected due to excavations and channelizing the east side of the site. The project is preserving approximately 3.71 acres of wetlands and providing replacement by replanting and reforestation on-site. Under 24- 272(b) There is no net loss of wetland Flood Plain Management A CLOMR-F will be applied for using the excess compensation volume provided for by ABCC under an existing recorded agreement. All finish floor elevations range from 8.8 to 9.5 meeting development standards. CLOMR-F will be submitted to COAB prior to issuance by COAB of site clearance or building plans. Projections into Required Yards: Stoops, balconies, awnings, bay windows, and roof overhangs may encroach into the required front yards, not to exceed 3 feet. Side and rear yards shall be measured from the property line to the outside wall of the principal structure. Projections may occur within the required side and rear yards, such as roof overhangs and bay windows, but shall not exceed two feet. la addition, chimneys may project up to one foot into the side or rear yard. Swimming pools and hot tubs: In -ground swimming pools and hot tubs are permitted. Pool enclosures should be located only at the rear of the property and shall be no wider than the width of the principal structure, The minimum side setbacks for pools, decks, and pool enclosures shall be equal to the yard requirements of each residential lot. Pools that do not have a screen enclosure shall have a minimum 5 foot setback from the rear property line. Pool cabanas shall have a minimum 5 foot setback from the side yard line and 5 foot setback from the rear property line. Will adhere to rear yard set back of a minimum of 10' from top of treatment swale, per Public Works comments. Accessory Structures: Accessory detached garages shall comply with COAB LDC other than setbacks. Detached garages shall be placed no closer than 5 feet from the side property line and no closer than 5' from the rear property line. Summary on No Net Loss: Policy A.1.2. Ld of the Atlantic Beach Comprehensive Plan and Section 24270 of the Land Development Regulations state, "It is the expressed intent of the City that no net loss of jurisdictional wetlands occur through any development action within the City. Any impacted wetlands on the development site shall be replaced elsewhere on the same site or elsewhere within the City of Atlantic Beach". On this property, 0.91 acnes will be restored, 0.46 acres will be created, 2.03 acres will be enhanced and 0.31 acres will be preserved for a total of 3.71 acres protected in a Conservation Basement. COAB LDR 24-272(b) states: "Where jurisdictional wetlands have been damaged or degraded over time through previous development, storm events, improper drainage runoff or other adverse activities, but where wetland vegetation and habitat still are predominant in quantity on a proposed development site, all plans submitted for review or permitting shall demonstrate a plan for mitigation, restoration, replacement, enhancement or recovery of jurisdictional wetlands in the amount to be displaced by the proposed development." Applicant has submitted a Unified Mitigation Assessment Methodology worksheet (Exhibit A attached to this report and to the Caner Environmental Services Report dated May 1, 2017). This report, approved by the St. Johns River Water Management District and used as the basis for its permit, documents the impact, creation and enhancement of wetland on the property. Applicant has also submitted a SJRWMD approved Restoration, Creation and Enhancement Plan prepared by Carter Environmental Services. The plan for the "recovery of jurisdictional wetlands" restores, replaces and enhances the remaining forested wetlands to include COAB approved trees as well as legacy trees that will expedite improvement and strengthen the wetland system onsite for future generations. Because the City of Atlantic Beach has no planting guidelines, the plan and density methodology used was based on the regulatory guidelines of the St. Johns River Water Management District and US Army Corps of Engineers. Under these guidelines, the preferred density is 440 treeaiacre. Based on applicant's tree survey, there is on average, 287 trees/acre on site requiring an additional planting of 162 uves/acre of impact. The UMAM reflects 1.13 acres of impact, requiring a reforestation of 183, three gallon trees to restore, create and enhance the wetland area. Again, applicant proposes planting 175 trees reflecting a variation of larger legacy trees. Planting of larger, more mature trees reduces the number of trees required to be planted by SJRWMD guidelines. The onsite preservation and Reforestation plan complies with the expressed intent of Policy A.1.2.1.d. and section 24-270 and specifically 24-272(b) of the LDR, such that there is no net loss of wetland as a result of this proposed project. Submitted by: Selva Preserve LLC May 2, 2017 Previously filed documents in support: 1. Certified copies of the Easement and Flood Plain Compensation Agreement between Applicant and Club (inures to the SMCC successors and assigns, ABCC) 2. Certified copy of drainage easement by ABCC to Sherman Canal 3. Certified copy of drainage easement from Applicant to driving range pond. 4. Letter from Taylor and White to Club concerning adherence to Flood Plain Compensation agreement for Applicant 5. Historical photos 6. Lippe Tree Condition Survey 7. Civil Plans filed by Jim Lucas, PE Additional documents attached to this Narrative: 1. COAB Application for Review of Subdivision Concept Plan. 2. Carter Environmental Wetland Restoration, Creation and Enhancement Plan dated May 1, 2017 3. SJRWMD approved UMAM dated January 30, 2017 4. Letter of Water and Sewer Availability dated July 11, 2016 5. Dad of Conservation Easement (SJRWMD) with legal description and boundary dated August 22, 2016 6. Title Opinion for Conservation and other Easements / Proof of Ownership / Boundary Survey and Legal Description 7. A=y Corps of Engineers Permit issued August 4, 2016 — August 4, 2021 8. St. Johns River Water Management District Permit issued March 20, 2017 — August 14, 2020. 9. Seven (7) copies of the proposed Plat / conceptual site plan. �a,iWIAIW�N�+ m T o�� gp3ti m T m m n m Iijill j; m o mom V ViV V p iV�V Mom== i a a Cm W 00010 W } � i I I IN OIIP � m jNININ m � N N O O�Oio IIIA I 3 I W N I tmlW � i jfmlN c 3 iI ININ O OHO O � , iii i a 0000 o;o g la a ��8IS��25�8Igoqlowl'd'I�Im � ololo� ololS�wjV o�o T o�� gp3ti m T m m n m u SP,LVA PRESERVE BEING A PORTION OF SECTIONS 16 AND 17, TOWNSHIP-2—SOUTH, RANGE-29—EAST, DUVAL COUNTY, FLORIDA. CAPTION A PORTION OF SECTIONS 16 AND 17, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA. BEING A PORTION OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 8373, PAGE 820, OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF SEMINOLE ROAD (A 100 FOOT RIGHT OF WAY AS NOW ESTABLISHED); WITH THE NORTHERLY RIGHT OF WAY LINE OF 11th STREET (A VARIABLE WIDTH RIGHT OF WAY); THENCE SOUTH 83'42'00" WEST, ALONG THE NORTHERLY RIGHT OF WAY OF SAID 11TH STREET, A DISTANCE OF 300.00 FEET TO THE SOUTHWESTERLY CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 528, PAGE 283 OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 83°42'00" WEST, ALONG LAST SAID RIGHT OF WAY LINE, A DISTANCE OF 175.00 FEET. TO THE POINT OF CURVE, SAID POINT BEING AT THE INTERSECTION OF THE NORTHERLY RIGHT OF WAY LINE OF SAID 11TH STREET WITH THE EASTERLY RIGHT OF WAY LINE OF LINKSIDE DRIVE (A VARIABLE WIDTH RIGHT OF WAY) AS SHOWN ON THE PLAT OF SELVA LINKSIDE UNIT NO. 1, AS RECORDED IN PLAT BOOK 44, PAGES 23 AND 23A, OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY; THENCE ALONG A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 39.27 FEET, HAVING A CHORD BEARING AND DISTANCE OF NORTH 51 °18'00" WEST, 35.36 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE NORTH 06'18'00" WEST, A DISTANCE OF 35.00 FEET TO THE POINT OF CURVE BEING CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 120.00 FEET; THENCE ALONG LAST SAID CURVE, AN ARC LENGTH OF 67.02 FEET, HAVING A CHORD BEARING AND DISTANCE OF NORTH 22°18'00" WEST 66.15 FEET TO THE POINT OF REVERSE CURVE, SAID CURVE BEING CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 116.85 FEET; THENCE ALONG SAID CURVE, AN ARC LENGTH OF 28.48 FEET, A CHORD BEARING AND DISTANCE OF NORTH 31 °18'00" WEST, 28.48 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE NORTH 24°18'00" WEST, A DISTANCE OF 160.24 FEET TO THE POINT OF CURVE BEING CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 200.00 FEET; THENCE ALONG SAID CURVE, AN ARC LENGTH OF 80.52 FEET, A CHORD BEARING AND DISTANCE OF NORTH 35°50'00" WEST, 79.98 FEET TO THE POINT OF TANGENCY OF SAID CURVE, SAID POINT BEING THE SOUTHERLY CORNER OF TRACT "A". AS SHOWN ON SAID PLAT OF SELVA LINKSIDE UNIT NO. 1; THENCE NORTH 27`41'32" EAST, ALONG THE EASTERLY LINE OF SAID TRACT "A", A DISTANCE OF 140.04 FEET; THENCE NORTH 74°18'00" WEST, ALONG THE NORTHERLY LINE OF SAID TRACT "A", A DISTANCE OF 140.00 FEET; THENCE SOUTH 83°42'00" WEST, A DISTANCE OF 60.00 FEET TO A POINT ON THE EASTERLY LINE OF LOT 80, OF SAID SELVA LINKSIDE UNIT NO. 1; THENCE NORTH 06°18'00" WEST, ALONG THE EASTERLY LINE OF SAID LOT 80, A DISTANCE OF 100.00 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 80, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 652, PAGE 484, OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY; THENCE NORTH 11 °56'50" WEST, ALONG THE EASTERLY LINE OF SAID OFFICIAL RECORDS BOOK 652, PAGE 484, A DISTANCE OF 319.44 TO THE SOUTHWESTERLY CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 7910, PAGE 958, OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY; THENCE NORTH 78°03'10" EAST, ALONG THE SOUTHERLY LINE OF SAID OFFICIAL RECORDS VOLUME 7910, PAGE 958, A DISTANCE OF 386.43 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF SELVA MARINA UNIT NO. 4, AS RECORDED IN PLAT BOOK 30, PAGE 28, OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY; THENCE SOUTH 16°17'08" EAST, ALONG LAST SAID LINE, A DISTANCE OF 179.56 FEET TO THE MOST NORTHERLY CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 77, PAGES 196, 197 AND 198, OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY; THENCE SOUTH 11`56'50" EAST, ALONG THE WESTERLY LINE OF LAST SAID LANDS, A DISTANCE OF 263.52 FEET TO THE POINT OF A CURVE TO THE RIGHT, SAID CURVE BEING CONCAVE WESTERLY, HAVING A RADIUS OF 4235.83 FEET; THENCE ALONG SAID CURVE, AN ARC LENGTH OF 407.45 FEET, HAVING A CHORD BEARING AND DISTANCE OF SOUTH 09°11'25" EAST, 407.28 FEET TO THE SOUTHWESTERLY CORNER OF SAID OFFICIAL RECORDS BOOK 77, PAGES 196, 197 AND 198; THENCE NORTH 83'42'00" EAST, ALONG THE SOUTHERLY LINE OF LAST SAID LANDS, A DISTANCE OF 25.00 FEET TO A POINT ON THE WESTERLY LINE OF SELVA MARINA UNIT NO. 3, AS RECORDED IN PLAT BOOK 29, PAGE 27, OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY; THENCE SOUTH 06°18'00" EAST, ALONG THE WESTERLY LINE OF SAID SELVA MARfNA UNIT NO. 3 A DISTANCE OF 110.00 FEET TO A POINT ON THE NORTHERLY LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 528, PAGE 283; THENCE SOUTH 83442'00" WEST, ALONG THE NORTHERLY LINE OF LAST SAID LANDS, A DISTANCE OF 25.00 FEET; THENCE SOUTH 06'18'00" EAST, ALONG THE WESTERLY LINE OF SAID OFFICIAL RECORDS BOOK 528, PAGE 283, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. BEING THE SAME LANDS AS DESCRIBED IN OFFICIAL RECORDS VOLUME 8373, PAGE 820, OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY, FLORIDA. LESS AND EXCEPT THOSE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 7910, PAGE 958 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. SURVEYOR'S CERTIFICATE THIS IS TO CERTIFY THAT THE ABOVE PLAT IS A TRUE AND CORRECT REPRESENTATION OF THE LANDS SURVEYED, PLATTED AND DESCRIBED ABOVE, THAT THE SURVEY WAS MADE UNDER THE UNDERSIGNED'S RESPONSIBLE DIRECTION AND SUPERVISION, THAT THE SURVEY DATA COMPLIES WITH ALL REQUIREMENTS OF FLORIDA CHAPTER 177, THAT THE PERMANENT REFERENCE MONUMENTS HAVE BEEN PLACED AND PERMANENT CONTROL POINTS WILL BE PLACED ACCORDING TO THE LAWS OF THE STATE OF FLORIDA AND THE CURRENT REGULATIONS OF THE CITY OF JACKSONVILLE. SIGNED THE DAY OF A.D., 2017. TERRY M. DURDEN FLORIDA PROFESSIONAL SURVEYOR AND MAPPER NO. 5261 GEOMATICS CORP. APPROVED FOR THE RECORD THIS IS TO CERTIFY THAT THE ABOVE PLAT HAS BEEN EXAMINED, ACCEPTED AND APPROVED BY THE CITY OF JACKSONVILLE, DUVAL COUNTY, FLORIDA, PURSUANT TO CHAPTER 654, OF THE ORDINANCE CODE. RY JAMES M. ROBINSON, P.E. DIRECTOR OF PUBLIC WOR!:S PLAT CONFORMITY REVIEW THIS PLAT HAS BEEN REVIEWED AND FOUND IN COMPLIANCE WITH PART 1, CHAPTER 177, FLORIDA STATUTES, THIS DAY OF , 2017. W. MONROE HAZEN, P.L.S. PROFESSIONAL LAND SURVEYOR NUMBER 3398 t P.S.D. N0. : GENERAL NOTES: 1) ALL PLATTED UTILITY EASEMENTS SHALL ALSO BE EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, AND OPERATION OF CABLE TELEVISION SERVICES, PROVIDED HOWEVER, NO SUCH CONSTRUCTION, INSTALLATION, MAINTENANCE, AND OPERATION OF CABLE TELEVISION SERVICES SHALL INTERFERE WITH THE FACILITIES AND SERVICES OF AN ELECTRIC, TELEPHONE, GAS, OR OTHER PUBLIC UTILITY, IT SHALL BE SOLEY RESPONSIBLE FOR THE DAMAGES. SUCH CONSTRUCTION, INSTALLATION, MAINTENANCE, AND OPERATION SHALL COMPLY WITH THE NATIONAL ELECTRIC SAFETY CODE AS ADOPTED BY THE FLORIDA PUBLIC SERVICE COMMISSION (CURRENT FLORIDA STATUTES SECTION 177.091(28). 2) NOTICE: THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THE PLAT THAT MAY BE FOUND IN THE CURRENT PUBLIC RECORDS OF THIS COUNTY. (CURRENT FLORIDA STATUTES SECTION 177.091(27). 3) BEARINGS SHOWN HEREON ARE REFERENCED TO THE STATE OF FLORIDA, STATE PLANE COORDINATES (EAST ZONE 901), NORTH AMERICAN DATUM 1983/1991. 4) COORDINATES BASED ON GPS OBSERVATION OF THE FOLLOWING STATIONS AND PUBLISHED COORDINATES. COORDINATE DATUM: STATE OF FLORIDA STATE PLANE COORDINATES (EAST ZONE), NORTH AMERICAN DATUM 1983/1991. STATE PLANE IS IN U.S. SURVEY FEET. 5) CERTAIN EASEMENTS ARE RESERVED FOR JEA FOR USE IN CONJUNCTION WITH THE UNDERGROUND ELECTRICAL DISTRIBUTION SYSTEM. "JEA—E.E." DENOTES JEA EQUIPMENT EASEMENTS. THESE EASEMENTS SHALL REMAIN TOTALLY UNOBSTRUCTED BY ANY IMPROVEMENTS THAT MAY IMPEDE THE USE AND ACCESS OF SAID EASEMENT BY JEA. "JEA—E" DENOTES JEA EASEMENT. JEA WILL ALLOW CERTAIN NON—PERMANENT IMPROVEMENTS WHICH DO NOT IMPEDE THE USE OF SAID EASEMENT BY JEA. THE INSTALLATION OF FENCES, HEDGES, AND LANDSCAPING IS PERMISSIBLE BUT SUBJECT TO REMOVAL BY JEA AT THE EXPENSE OF EACH LOT OWNER FOR THE REMOVAL AND REPLACEMENT OF SUCH ITEMS. 6) CURRENT LAW PROVIDES THAT NO CONSTRUCTION, FILING, REMOVAL OF EARTH, CUTTING OF TREES OR OTHER PLANTS SHALL TAKE PLACE WATER WARD OF THE JURISDICTIONAL WETLAND LINES AS DEPICTED ON THIS PLAT WITHOUT THE WRITTEN APPROVAL OF THIS COUNTY, AND ALL OTHER GOVERNMENTAL REGULATORY AGENCIES WITH JURISDICTION OVER SUCH WETLANDS. IT IS THE RESPONSIBILITY OF THE LOT OWNER, HIS AGENT AND THE ENTITY PERFORMING ANY ACTIVITY WITHIN THE WETLAND AREA TO ACQUIRE THE NECESSARY WRITTEN APPROVAL(S) PRIOR TO THE BEGINNING OF ANY WORK. THIS WETLAND JURISDICTIONAL LINE AND UPLAND BUFFER MAY BE SUPERSEDED AND REDEFINED FROM TIME TO TIME BY THE APPROPRIATE GOVERNMENTAL AGENCIES. 7) THE EASEMENTS SHOWN HEREON AND DESIGNATED AS UNOBSTRUCTED EASEMENTS SHALL REMAIN TOTALLY UNOBSTRUCTED BY ANY PERMANENT IMPROVEMENTS WHICH MAY IMPEDE THE USE OF SAID EASEMENTS BY THE CITY OF JACKSONVILLE. THE CONSTRUCTION OF DRIVEWAYS AND THE INSTALLATION OF FENCES, HEDGES, AND LANDSCAPING IS PERMISSIBLE BUT SUBJECT TO REMOVAL BY THE CITY AT THE EXPENSE OF EACH LOT OWNER FOR THE REMOVAL AND/OR REPLACEMENT OF SUCH ITEMS. THE EASEMENTS SHOWN HEREON AS UNOBSTRUCTED BY ANY IMPROVEMENTS THAT MAY IMPEDE THE USE AND ACCESS OF SAID EASEMENTS BY THE CITY OF JACKSONVILLE. 8) ALL LOT LINES THAT INTERSECT CURVES ARE NON RADIAL, UNLESS OTHERWISE NOTED HEREON. 9) FLOOD ZONE NOTE: BY GRAPHIC PLOTTING THE LANDS SHOWN HEREON LIE WITHIN FLOOD ZONE AE (6), NORTH AMERICAN VERTICAL DATUM OF 1988, (NAVD '88) AS DEPICTED ON THE CITY OF JACKSONVILLE MSMP UPDATE AND THE U.S. DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FLOOD INSURANCE RATE MAP (FIRM), COMMUNITY NO. 120075, MAP NUMBER 12031C 0409 SUFFIX "H", DATED JUNE 3, 2013, NORTH AMERICAN VERTICAL DATUM OF 1988, (NAVD 88). THE FLOOD ZONE INFORMATION DELINEATED GRAPHICALLY ON THIS PLAT IS VALID ONLY FOR DATES UP TO AND INCLUDING THE EFFECTIVE RECORDING DATE OF THIS PLAT. THERE MAY HAVE BEEN SUBSEQUENT REVISIONS AFTER THIS DATE THAT WILL SUPERCEDE SAID INFORMATION, INQUIRIES FOR THIS INFORMATION SHOULD BE MADE TO THE COMMUNITY'S FLOODPLAIN MANAGEMENT REPOSITORY, DEPARTMENT OF PUBLIC WORKS, CITY OF JACKSONVILLE OR THE FEMA WEB PAGE. 10) THIS FIRM HAS REVIEWED AN "OPINION OF TITLE", TITLE TO THE PROPERTY WAS EXAMINED BASED ON UPON THAT CERTAIN COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE INSURANCE GUARANTY COMPANY EFFECTIVE NOVEMBER 16, 2016 (THE "EFFECTIVE DATE"), WHICH COVERS ALL PUBLIC RECORDS ON FILE UP TO AND INCLUDING THE EFFECTIVE DATE, AND MY REVIEW OF PUBLIC RECORDS AND IS SUBJECT TO FOLLOWING EASEMENT(S): a) ASSIGNMENT OF EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 17486, PAGE 832 THROUGH 854, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, (GRAPHICALLY SHOWN HEREON). CLERK'S CERTIFICATION THIS IS TO CERTIFY THAT THIS PLAT HAS BEEN EXAMINED AND ACCEPTED BY THE CITY OF JACKSONVILLE, FLORIDA, AND SUBMITTED TO ME FOR RECORDING AND IS RECORDED IN PLAT BOOK , PAGES OF THE PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. SIGNED THIS DAY OF ,2017. BY: RONNIE FUSSELL CLERK OF CIRCUIT COURT STATE OF FLORIDA DEPUTY CLERK COUNTY of DUVAL THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF A.D., 2017 BY LAURA FERRANTE, PRESIDENT, SELVA PRESERVE A FLORIDA LIMITED LIABILITY COMPANY. BY: NORTH FLORIDA PIONEERS, INC., ITS MANAGING MEMBER NOTARY PUBLIC, STATE OF FLORIDA AT LARGE SELVA PRESRVE, LLC, WITNESS: PRINT NAME: WITNESS: PRINT NAME: PREL'-[M NA CITY DEVELOPMENT NO. : MY COMMISSION EXPIRES: LAURA FERRANTE, PRESIDENT SELVA PRESERVE, LLC (CORPORATE SEAL) SEAL 5-01 -17 JEA AVAILABILTY N0. PLAT BOOK , PAGE PAGE 1 OF 3 PAGES ADOPTION AND DEDICATION THIS IS TO CERTIFY THAT SELVA PRESERVE, LLC, A FLORIDA LIMITED LIABILITY COMPANY, ORGANIZED UNDER THE LAWS OF THE STATE OF FLORIDA, IS THE LAWFUL OWNER OF THE LAND DESCRIBED IN THE CAPTION HEREON KNOWN AS SELVA PRESERVE HAVING CAUSED THE SAME TO BE SURVEYED AND SUBDIVIDED AND CENTERBANK OF JACKSONVILLE, N.A. IS THE HOLDER OF RECORD OF THE MORTGAGE ON THE LAND. THIS PLAT BEING MADE IN ACCORDANCE WITH SAID SURVEY IS HEREBY ADOPTED AS A TRUE AND CORRECT PLAT OF THOSE LANDS. THE LANE SHOWN ON THIS PLAT SHALL REMAIN PRIVATELY OWNED IN FEE SIMPLE AND THE SOLE AND EXCLUSIVE PROPERTY OF THE OWNER, ITS SUCCESSORS AND ASSIGNS. NO PART OF SAID LANDS IS DEDICATED TO THE CITY OF ATLANTIC BEACH OR THE PUBLIC, EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN OR SHOWN ON THE PLAT. THE UNDERSIGNED OWNER, ITS SUCCESSORS AND ASSIGNS, HEREBY GRANTS TO THE PRESENT AND FU T URE OWNERS OF THE LAND ADJACENT TO THIS PLAT AND THEIR SUCCESSORS AND AS!AGNS, GUESTS, INVITEES, DOMESTIC HELP, DELIVERY, PICK—UP AND FIRE PROTECTIO ` SERVICE PROVIDERS, POLICE AND OTHER AUTHORITIES OF THE LAW, UNITED ST ES POSTAL CARRIERS, REPRESENTATIVES OF THE UTILITIES AUTHORIZED BY SAIDIDWNER, TO SERVE THE LAND SHOWN HEREON, HOLDERS OF MORTGAGE LIENS ONtSUCH LANDS AND SUCH OTHER PERSONS AS MAY BE DESIGNATED, THE NON EXCLUSIVE AND PERPETUAL RIGHT OF INGRESS AND EGRESS OVER AND ACROSS E PRIVATE LANE SHOWN ON THIS PLAT. THE OWNER, ITS SUCCESSORS AND AS t'NS, RESERVES AND SHALL HAVE THE UNRESTRICTED AND ABSOLUTE RIGHT TO ENY INGRESS TO ANY PERSON WHO MAY CREATE OR PARTICIPATE IN A DISFlBANCE OR NUISANCE ON ANY PART OF THE LANDS SHOWN HEREON. UNOBSTRUCTED EASEMIT FOR SERVICE AND MAINTENANCE OF THE WATER AND SEWER SYSTEM WITHIN THE PRIVATE LANE SHOWN ON THIS PLAT ARE HEREBY IRREVOCABLY AND WITHOUT RESERVATION DEDICATED TO JEA, ITS SUCCESSORS AND ASSIGNS. THE UNDERSIGNED OWNER, ITS SUCCESSORS AND ASSIGNS, HEREBY RESERVES AND SHALL HAVE SOLE AND ABSOLUTE RIGHT AT ANY TIME WITH THE CONSENT OF THE CITY OF ATLANTIC BEACH TO DEDICATE TO THE PUBLIC ALL OR PART OF THE LANDS ON THIS PLAT DESIGNATED AS A LANE. THE LANDS DEDICATED HEREIN ARE SUBJECT TO THOSE CERTAIN DRAINAGE EASEMENTS AS SHOWN ON THE PLAT AND THE OWNER HEREBY RESERVES FOR ITSELF, SUCCESSORS AND ASSIGNS, THE RIGHT TO TRANSFER SUCH RIGHTS GRANTED UNDER SAID DRAINAGE EASEMENT. THE UNDERSIGNED OWNER, ITS SUCCESSORS AND ASSIGNS, HEREBY RESERVES FOR ITSELF THAT CERTAIN EASEMENT AND FLOOD PLAIN COMPENSATION AGREEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 17486, PAGE 832, OF THE PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AND SHALL HAVE SOLE AND ABSOLUTE RIGHT TO SUCH AGREEMENT, INCLUDING ACCESS REQUIRED FOR MAINTENANCE AND IMPROVEMENTS THAT IS NECESSARY OR BENEFICIAL TO THE FUTURE OWNERS OF THE LANDS DESCRIBED HEREIN OR TO THE OWNERS OF ADJACENT LANDS. THE UNDERSIGNED OWNER HEREBY RESERVES FOR ITSELF AND ITS SUCCESSORS AND ASSIGNS, THE SOLE AND ABSOLUTE RIGHT TO GRANT PROVIDERS OF UTILITY EASEMENTS FOR THE INSTALLATION AND MAINTENANCE (INCLUDING INGRESS AND EGRESS) OF SUCH UTILITY IMPROVEMENTS THAT ARE NECESSARY OR BENEFICIAL TO THE FUTURE OWNERS OF THE LANDS DESCRIBED HEREIN OR TO THE OWNERS OF ADJACENT LANDS. ' IN WITNESS WHEREOF THE ABOVE NAMED SELVA PRESERVE, LLC, HAVE CAUSED THESE PRESENTS TO _PE EXECYTED THIS ------- DAY OF ------------ 2017. STATE OF FLORIDA COUNTY OF DUVAL THE FOREGOING INSTRUMENT 'kAS ACKNOWLEDGED BEFORE ME THIS DAY OF A.D., 2017 BY LAURA FERRANTE, PRESIDENT, SELVA PRESERVE A FLORIDA LIMITED LIABILITY COMPANY. BY: NORTH FLORIDA PIONEERS, INC., ITS MANAGING MEMBER NOTARY PUBLIC, STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES: FIRST ATLANTIC BANK, IN WITNESS WHEREOF, FIRST NATIONAL BANK, HAS CAUSED THESE PRESENTS TO BE SIGNED BY IT'S SENIOR VICE—PRESIDENT BY AND WITH THE AUTHORITY OF THE BOARD OF DIRECTORS IN ITS NAME THIS DAY OF A.D., 2017 WITNESS: KEVIN O'CONNER PRINT NAME: SENIOR VICE—PRESIDENT (CORPORATE SEAL) WITNESS: PRINT NAME: SEAL a i �► ATL ANTI C BEACH MAP.'' TO NEPTUNE BEACH" WIllV11scow SURVEYING -MAPPING -GPS 2804 N. FIFTH STREET, UNIT 101 ST. AUGUSTINE, FL 32084 PHONE (904) 824-3086 FAX (904) 824-5753 LICENSED BUSINESS FLORIDA #6979 GEORGIA #939 SOUTH CAROUNk #3387 ALABAMA #794 NORTH CAROUNA COA #3752 SELVA PRESERVE BEING A PORTION OF, SECTION 9, TOWNSHIP -3 -SOUTH, RANGE -28 -EAST, JACKSONVILLE, FLORIDA LINE TABLE LINE LENGTH BEARING L1 20.15' N 23' 14'21 " W L2 14.78' N 06° 18'00" W STATE PLANE COORDINATE TABLE (SEE NOTE 2) PRELIMINARY 1 i 'l #2 1 N 21831 13.1831 E 528277.8118 LAKE POINT NUMBER LEGEND / ABBREVIATIONS __________________DENOTES SET 4"X4" CONCRETE MONUMENT, STAMPED LB 6979 0 ------------------------------------ DENOTES FOUND CONCRETE MONUMENT, LB 120 2182211.8506 DENOTES FOUND 1/2' REBAR LS 5488 CURVE DENOTES FOUND 1/2" IRON PIPE NO ID. 0 ------------------------------------------------ DENOTES FOUND 1/2 REBAR NO ID. CHORD DENOTES FOUND 1/2" IRON PIPE LB 3857 Q DENOTES FOUND 1/2' REBAR LB 120 90°00'54" DENOTES SET 1/2" IRON PIPE LB 6979 LB BUSINESS ---------------------------------------------------------------------LICENSED P.C-------------------------------------------------------------------- POINT OF CURVATURE P.T.----------------------------------------------------------------------POINT OF TANGENT P.R.C------------------------------------------------------------- POINT OF REVERSE CURVE N 1955646.23 DENOTES STATE PLAIN COODINATE PAIR E 557877.72 ------------------------------------ _OFFICIAL RECORDS BOOK ORB--------------------------------------------------------------_____________DENOTES DEED (D) ------------------------------------------------------------- 116,85' 28.55' MEASURED (M)--------------------------------------------------------------------DENOTES 31' 18'00" STATE PLANE COORDINATE TABLE (SEE NOTE 2) PRELIMINARY 1 i 'l #2 1 N 21831 13.1831 E 528277.8118 LAKE POINT NUMBER NORTHING CURVE TABLE 1 2182211.8506 528842.2857 CURVE DELTA RADIUS ARC CHORD CH BEARING Cl 90°00'54" 25.00' 39.28' 35.36' N 51 ° 18'00" W C2 32°00'00" 120.00' 67.02' 66.15' N 22° 18'00" W C3 14°00'00" 116,85' 28.55' 28.48' N 31' 18'00" W C4 23°04'05" 200.00' 80.52' 79.98' N 35°50'00" W C5 229°06'01 45.00' 179.93' 81.87' S 77°24'39" E C6 13°06'29" 45.00' 10.29' 10.27' S 43'40'50" W C7 62'10'55" 30.00 32.56 3 0.9 8 S 19'0 8 37 W C8 54°49'29" 65.00' 62.20' 59.85' S 46'53' 15" E C9 47' 10'03" 65.00' 53.51 ' 52.01' S 04°06'31 " W C10 08°32'52" 250.00' 37.30' 37.26' S 34'21 '53" E C 11 05'47'27" 250.00' 25.27' 25.26' S 27'11'44" E C12 15°29'09" 1 15.00' 4.05' 4.04' S 32'02'35" E C13 05°30'40" 4235.83' 407.45' 407.28' S 09' 11'25" E C14 101 °59'32" 65.00' 1 15.71 ' 101.02' S 23° 18' 14" E C15 14'20'19 " 250.00' 62.56' 62.40' S 31'28' 10" E C16 10'22'29" 150.00' 27.16' 27.12' N 06'4535" W C17 77'49'09" 50.00' 67.91' 62.81' N 40029'15" W C18 117°08'31 50.00' 102.23' 85.33' N 20049'34" W C19 73'36'20" 50.00' 64.23' 59.91' N 00`56'31" E C20 1 1'33' 18" 225.00' 45.38' 45.30' N 30°05'00" W C21 31'04'36" 80.00' 43.39' 42.86' N 39°50'38" W C22 49'04'36" 80.00' 68.52' 66.45' N 30'50'38" W C23 16°56'00" 30.00' 8.87' 8.83' N 14°46'21 " W STATE PLANE COORDINATE TABLE (SEE NOTE 2) PRELIMINARY 1 i 'l #2 1 N 21831 13.1831 E 528277.8118 LAKE POINT NUMBER NORTHING EASTING DESCRIPTION 1 2182211.8506 528842.2857 POINT OF BEGINNING 1 2 2183113.1831 528277.8118 NORTHWEST CORNER OF LOT 12 NOTES: 1.) BEARINGS SHOWN HEREIN ARE BASED ON THE NORTHERLY RIGHT OF WAY LINE OF 11TH STREET AS BEING S 83° 42 00"' W AND REFERS TO THE PLAT OF SELVA LINKSIDE UNIT 1, MAP BOOK 44 PAGE 23 AND 23A. 2.) THE HORIZONTAL COORDINATES SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM EAST ZONE, REFERENCED TO THE NORTH AMERICAN DATUM OF 1983, ADJUSTMENT OF 2007 (NAD83/2007) AND EXPRESSED IN U.S. SURVEY FEET. CyllulomATics CORP. SURVEYING - MAPPING -GPS 2804 N. FIFTH STREET, UNIT 101 ST. AUGUSTINE, FL 32084 PHONE (904) 824-3086 FAX (904) 824-5753 LICENSED BUSINESS FLORIDA 0979 GEORGIA #939 SOUTH CAROLINA #3387 ALABAMA #794 NORTH CAROLINA COA #3752 rn N %A 1 CO ,os BOOK ? p 18 , LOT OFFICIAL R PAGE 4 'I s RECOR4 OFFICIALg5B P AGE ....-- 19 VOLUME SUBpNIDEU �0 IRON 386 43' o, �� IRON 9 1, 356 20 cls N � W 037' CO cr / C5 ♦ \ a o s�+ Vol E 7.21 ACRES, +/- do, (WOODED) 0)" % � o" S -7603 2 -7S 6 72 / 5� 2 35 o�co U, 1 C� L01 °�vEAREA 1 � j w cr zs -95-93'-� 1 , S g,03 56' - m , 399.9 1BRAIN _ Z rr► C , p, a) 0 2 EASEMENT _---- `---- N O" ©, �-- ' ORB 1�g86 GN 854 � 1-IROU 400 i- 832 J is PAGES W W - S S 7 f 03' 25 W -` 6} 19 co _ O PRoP°SED SEMEN o cP 0 7, 6' .9 00 W 95 s 8 0 i o a7 02 LOT 7 ' ♦ S -7 a; \ 61.5 i, 9 6 83 -----� 1 I 1 7g • 18,2 �--C- N 8° 0 58 A LINKSIDE UNIT No. \ �> Op � \ SELV 23A AGE 23 AND W �, �� PLAT BOOK 44 P _ ,\ o 0o N 7 7 .5`':60` LOT 6 9 23'29 " 2 _''� i LOT 80 0 W 122. LOT 79 cP \ i s 83°5453 W \ i 60.00 i N �4„ I 40 19, 4 140 oo w SELVA LINKSIDE UNIT No. 1 / f PLAT BOOK 44 PAGE 23 AND 23A NOT A' PART OF THIS PLAT �L TRACT "A" � � I MATCHLINE \ 50 25 0 1 50 SCALE IN FEET 1" = 50' 100 150 SEE SHEET 3 OF 3 I P.T. PLAT BOOK , PAGE 101 8 � LOT 7 1 1 o cs r-) cn _78°03'1° C-)cp � 4�';- 1 i z o 00 W J r C0 0 Cv Gv` „ w 103 •j20, ti Z , � 3.02 _o 00 ,4 ENS 0 0 Q ti'DE�E�QPM J ti �Q� LOT 4 i �'� 71'_ � 5.82' s 8 3 420 n 103-61 _____ - y \ LOT P.C. PAGE 2 OF 3 PAGES 10,2.64' 0x4' o N co LOT 4 1 MAT LINE SEE SHEET 3 OF 3 L� 1 LOT N P.C. f uni � � r 0 0Z l LOT 5 W r O C ' �Z o 0 00 z -o o 10,2.64' 0x4' o N co LOT 4 1 MAT LINE SEE SHEET 3 OF 3 Ii J o cp O n r i -n 0 0 A K E G �' 0 L 0301 7- o o � o 03 N l Q� Q Q, 0) B54 o�a 1� aRB T ��UGH 85�p �'CO 5 S 7g°03 0 `� --" Wa f_ S 78 03 10 �_ �-� o ©. 0) 0 00 0 k O� z Dy P ROp OSS �MENT PLAT BOOK , PAGE PAGE 3 OF 3 PAGES �iELVA PRE�"�ERVE oT a RVATioN AAs BEING A PORTION OF SECTION 9, TOWNSHIP -3 -SOUTH, � rn o F - ~ RANGE -28 --EAST, JACKSONVILLE, FLORIDA ' N 1 56 S N \ �♦ ,� o' 7 o rn? LOT♦ 7 s 61.51 3 ' I rn-79 P.C. UNST No. 1 �� 0 158.34 SELVA U. IK90E 23 AND 23A VV GE OK 44 PAI 1 7g 1'�, PLAT BO o N 14 5-•; 60 LOT \ ��► "-- 9°23'29" LOT 80 0 _ W 122 , y c� 2 c ` o p LOT 7g$ 83' 54, 53" W �' �Z p 60.00' ISI 74 °�%, N, vol5a ` I 9, 40" 03 j 740.00$ 8 Z l ! _(� S LVA LINKSIDE UNIT No. 1 n PLAT BOOK 44 PAGE 23 AND 23A r, _ / N T A PART OF THIS PLAT Lol �-� o c U7 - ,� - r- �G I ti C� r C3i C) 2 TRACAj T „q, o �-- Qy��r� o ; 102 64 E z 20 �% \ '4 �� ' 5� 03 Jc2� N 8° 03 10 O 1 88 �"�o �'� Y �yG' A� y ,03' 1C" w 100.00 - z ,00 D. ��' "> o �� S �8 58° 0 3.02 1 D. - ---� o j 57 cb >>a Op�ENT U' O pE`�EPREp, I LOT � I SS SEE SHEET 2 OF 3 E SEE SHEET 2 OF 3 \ I -� VE MATCHLINE _ \ LOT 4 MATCHLINE P.T. \ I_ R �'�\ 7 1'- __-_ 7 9' S. 82' 0K " S 83° 42 00 03.61 9 `J j '� 0 12 rn LOT 3 P.C. \\ O i (:P., 60' 2 00)> W 10 2.27' x\5834 cp. r s �\ LOT 2 bv~ �6` o, tp • ' t , z60 102.27 SLVA ELINKSIDE UNIT No. 1 �, ��o D 1 S 83 42 0 60' - 2 PLAT BOOK 44 PAC E 23 AND 23A O G Q~ 24 Cpcp ` .> 7_0 LOT STATE PLANE COORDINATE TABLE (SEE NOTE 2) LI LEGEND / ABBREVIATIONS CURVE SET 4"X4" CONCRETE MONUMENT, STAMPED LB 69 __________________DENOTES 0 ------------------------------------ DENOTES FOUND CONCRETE MONUMENT, LB 1 ______________________________________________DENOTES FOUND 1/2" REBAR LS 54 Q _______DENOTES FOUND 1/2" IRON PIPE NO 0________________________________________________DENOTES FOUND 112" REBAR NO I ARC ___________DENOTES FOUND 1/2" IRON PIPE LB 38 Q _____ __DENOTES FOUND 1/2" REBAR LB 12 Cl DENOTES SET 1/2" IRON PIPE LB 69 L8 B U S I N E ---------------------------------------------------------------------LICENSED P.0 .-------------------------------------------------------------------POINT OF CURVATUR P.T .---------------------------------------------------------------------- POINT OF TANGE P.R.C.-------------------------------------------------------------POINT OF REVERSE CUR N 1955646.23 ------------DENOTES STATE PLAIN COODINATE PA ------------------------ E 557877.72 ---------OFFICIAL RECORDS BO 0 R B ------------------------------- ---------------------- DE (D)--------------------------------------------------------------------------DENOTES 14°00'00" 1 16.85' MEASURE (M)--------------------------------------------------------------------DENOTES N TRACAj T „q, o �-- Qy��r� o ; 102 64 E z 20 �% \ '4 �� ' 5� 03 Jc2� N 8° 03 10 O 1 88 �"�o �'� Y �yG' A� y ,03' 1C" w 100.00 - z ,00 D. ��' "> o �� S �8 58° 0 3.02 1 D. - ---� o j 57 cb >>a Op�ENT U' O pE`�EPREp, I LOT � I SS SEE SHEET 2 OF 3 E SEE SHEET 2 OF 3 \ I -� VE MATCHLINE _ \ LOT 4 MATCHLINE P.T. \ I_ R �'�\ 7 1'- __-_ 7 9' S. 82' 0K " S 83° 42 00 03.61 9 `J j '� 0 12 rn LOT 3 P.C. \\ O i (:P., 60' 2 00)> W 10 2.27' x\5834 cp. r s �\ LOT 2 bv~ �6` o, tp • ' t , z60 102.27 SLVA ELINKSIDE UNIT No. 1 �, ��o D 1 S 83 42 0 60' - 2 PLAT BOOK 44 PAC E 23 AND 23A O G Q~ 24 Cpcp ` .> 7_0 LOT STATE PLANE COORDINATE TABLE (SEE NOTE 2) LI E TABLE CURVE TABLE LENGTH BEARING L1 528842.2857 20.15 N 23'14'21 " W CURVE DELTA RADIUS ARC CHORD CH BEARING Cl 90°00'54" 25.00' 39.28' 35.36' N 51"18'00" W C2 32°00'00" 120.00' 67.02' 66.15' N 22"18'00" W C3 14°00'00" 1 16.85' 28.55' 28.48' N 31 ° 18'00" W C4 23°04'05" 200.00' 80.52' 79.98' N 35°50'00" W C5 229°06'01 45.00' 179.93' 81.87' S 77°24'39" E C6 13°06'29" 45.00' 10.29' 10.27' S 43'40'50" W C7 62° 10'55" 30.00' 32.56' 30.98' S 19°08'37" W C8 54°49'29" 65.00' 62.20' 59.85' S 46°53' 15" E C9 47-10 9 03" 65.00' 53.51' 52.01' S 04'06'31 " W C10 08°32'52" 250.00' 37.30' 37.26' S 34°21'53" E C 11 05°47'27" 250.00' 25.27' 25.26' S 27° 11'44" E C12 15°29'09" 15.00' 4.05' 4.04' S 32°02'35" E C13 05°30'40" 4235.83' 407.45' 407.28' S 09°11'25" E C14 101 °59'32" 65.00' 1 15.71' 101.02' S 23° 18'14" E C15 14'20' 19" 250.00' 62.56' 62.40' S 31'28'10" E C16 10'2229" 150.00' 27.16' 27.12' N 06°45'35" W C17 77°49'09" 50.00' 67.91' 62.81' N 40'29' 15" W C18 1 17° O8' 31 ' 50.00' 102.23' 85.33' N 20° 49' 34" W C19 73'36'20" 50.00' 64.23' 59.91' N 00°56'31 " E C20 11 *33'18" 225.00' 45.38' 45.30' N 30°05'00" W C21 31'04'36" 80.00' 43.39' 42.86' N 39°50'38" W C22 49°04'36" 80.00' 68.52' 66.45' N 30050'38" W C23 16°56'00" 30.00' 8.87' 8.83' N 14°46'21 " W TRACAj T „q, o �-- Qy��r� o ; 102 64 E z 20 �% \ '4 �� ' 5� 03 Jc2� N 8° 03 10 O 1 88 �"�o �'� Y �yG' A� y ,03' 1C" w 100.00 - z ,00 D. ��' "> o �� S �8 58° 0 3.02 1 D. - ---� o j 57 cb >>a Op�ENT U' O pE`�EPREp, I LOT � I SS SEE SHEET 2 OF 3 E SEE SHEET 2 OF 3 \ I -� VE MATCHLINE _ \ LOT 4 MATCHLINE P.T. \ I_ R �'�\ 7 1'- __-_ 7 9' S. 82' 0K " S 83° 42 00 03.61 9 `J j '� 0 12 rn LOT 3 P.C. \\ O i (:P., 60' 2 00)> W 10 2.27' x\5834 cp. r s �\ LOT 2 bv~ �6` o, tp • ' t , z60 102.27 SLVA ELINKSIDE UNIT No. 1 �, ��o D 1 S 83 42 0 60' - 2 PLAT BOOK 44 PAC E 23 AND 23A O G Q~ 24 Cpcp ` .> 7_0 LOT STATE PLANE COORDINATE TABLE (SEE NOTE 2) LI E TABLE LINE DESCRIPTION LENGTH BEARING L1 528842.2857 20.15 N 23'14'21 " W L2 2183113.1831 14.78' N 06018'00" W POINT NUMBER NORTHING FASTING DESCRIPTION � 2182211.8506 528842.2857 POINT OF BEGINNING 2 2183113.1831 528277.8118 NORTHWEST CORNER OF LOT 12 NOTES: 1.) BEARINGS SHOWN HEREIN ARE BASED ON THE NORTHERLY RIGHT OF WAY LINE OF 1 1 TH STREET AS BEING S 83° 42 00"' W AND REFERS TO THE PLAT OF SELVA LINKSIDE UNIT 1, MAP BOOK 44 PAGE 2.3 AND 23A. 2.) THE HORIZONTAL COORDINATES SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM EAST ZONE, REFERENCED TO THE NORTH AMERICAN DATUM OF 1983, ADJUSTMENT OF 2007 (NAD83/2007) AND EXPRESSED IN U.S. SURVEY FEET. P.T. 2 57�`9' L� P.R.C. V U\lfPW, imD I; N 83°4117+� E 97.89' O0 (P O Q0 Z 0 0 Q° o o N 11 TH STREET LE WIDTH RIGHT-OF-WAY, PAI/ED� ��ARIAB 1 aT`_3� 50 25 i 1 LOT 1 �j h 1 25.00 LOT 1 rOFFKCTALRECORD83528, PAGE 2 1NORTHERLYRIGHT ppT SUBDIVIDED - - 138.49 1 .8506 17 5 00, #, N 21822 E 528842.2857 poiNT of ,8E►GIN1ITING SOUTHERWESTL K CORNER' OFFICIAL RECORDS BOOK 528, PAGE 283 50 100 150 SCALE IN FEET 1" = 50' G) ` o ai T1 1 r BASIS OF gE.ARING Wp,Y LINE ------- oIN�' of �.. p CEMENT Co)YEN ON of THE THE /NTERSEC� LINE OF WESTERLY RID WrTH THE SEMIIVOLE 1 TH STREET NORTHERLY RIW OF lyEornAICso� SURVEYING -MAPPING -GPS 2804 N. FIFTH STREET, UNIT 101 ST. AUGUSTINE, FL 32084 PHONE (904) 824-3088 FAX (904) 824-5753 LICENSED BUSINESS FLORIDA #6979 GEORGIA #939 SOUTH CAROLINA #3387 ATARA iA J794 NORTH CAROLINA COA #3752 Z c�? N ~ Zc9 w P.C. © 00 U� O N N c�9~ Up O 0 oo U4 a P.T. 83° 42'0 0 W N S C7° 83 42'00" w P.c. S 11 TH STREET LE WIDTH RIGHT-OF-WAY, PAI/ED� ��ARIAB 1 aT`_3� 50 25 i 1 LOT 1 �j h 1 25.00 LOT 1 rOFFKCTALRECORD83528, PAGE 2 1NORTHERLYRIGHT ppT SUBDIVIDED - - 138.49 1 .8506 17 5 00, #, N 21822 E 528842.2857 poiNT of ,8E►GIN1ITING SOUTHERWESTL K CORNER' OFFICIAL RECORDS BOOK 528, PAGE 283 50 100 150 SCALE IN FEET 1" = 50' G) ` o ai T1 1 r BASIS OF gE.ARING Wp,Y LINE ------- oIN�' of �.. p CEMENT Co)YEN ON of THE THE /NTERSEC� LINE OF WESTERLY RID WrTH THE SEMIIVOLE 1 TH STREET NORTHERLY RIW OF lyEornAICso� SURVEYING -MAPPING -GPS 2804 N. FIFTH STREET, UNIT 101 ST. AUGUSTINE, FL 32084 PHONE (904) 824-3088 FAX (904) 824-5753 LICENSED BUSINESS FLORIDA #6979 GEORGIA #939 SOUTH CAROLINA #3387 ATARA iA J794 NORTH CAROLINA COA #3752