Backup Document 06/14/2022 Item #10D BEFORE THE GOVERNING BOARD OF THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
RECEIVED
DISTRICT CLERK'S OFFICE
SOUTH FLORIDA WATER 4:07 pm Jun 8, 2022
MANAGEMENT DISTRICT SOUTH FLORIDA
WATER MANAGEMENT DISTRI T
Complainant,
v. SFWMD No. 2022-029-CO-ERP
HIGHLAND PROPERTIES
OF LEE AND COLLIER, LIMITED
Respondent
CONSENT ORDER
This Consent Order is entered into between Complainant, South Florida
Water Management District ("District"), and Respondent, Highland Properties of Lee
and Collier, Limited ("Respondent"), by mutual consent who agree as follows:
FINDINGS OF FACT
1. The District, a government entity created under Chapter 373, Florida
Statutes, is a multipurpose water management district with its principal office located at
3301 Gun Club Road, West Palm Beach, Florida 33406.
2. Respondent is a person within the meaning of Section 373.019(15),
Florida Statutes. Respondent's mailing address is 6980 Sandalwood Lane, Naples, FL
34109. The Respondent requests that correspondence also be sent to Harrison
Hubschman, 525 Sol Street, Naples, FL 34109.
3. The following exhibits are attached and incorporated into this Consent
Order for reference purposes:
Exhibit A— Location Map;
Exhibit B — Recorded Conservation Easement;
Exhibit C — Draft 2020 Consent Order (excluding exhibits);
Exhibit D — Pre-Application Meeting Request Form;
Exhibit E — Notice of Rights; and
Exhibit F — Notice of Consent Order
4. Respondent owns property with Parcel Identification Numbers
00407360000, 00407320008, 00408160005, 00408400008, 00408440000, and
00406720007; located in Section 9, Township 50 South; Range 26 East; Collier
County, Florida ("Property"). The Property is shown on the location map attached as
Exhibit A.
5. The District has jurisdiction over the Respondent, the Property, any
stormwater management system, wetlands, wetland impacts, all works, and
maintenance activities conducted on the Property as provided in Chapter 373, Florida
Statutes.
6. On September 13, 2010, the District issued Respondent Environmental
Resource Permit No. 11-03160-P to construct and operate a stormwater management
system for an 82.51-acre residential and commercial development known as Taormina
Reserve ("Permit").
7. On February 22, 2018, a Conservation Easement was recorded in the
Collier County Official Records, as required by the Permit ("Recorded Conservation
Easement"). The Recorded Conservation Easement is attached as Exhibit B.
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8. On July 31, 2019, the District issued Respondent a Notice of Violation for
the unauthorized filling and dredging of wetlands encumbered by the Recorded
Conservation Easement, and for the removal of native vegetation from within the
Recorded Conservation Easement ("2019 NOV").
9. On March 20, 2020, the District sent a Draft Consent Order to
Respondent to resolve the noncompliance identified in the 2019 NOV ("Draft 2020
Consent Order"). Respondent never signed nor returned the Draft 2020 Consent
Order to the District for execution. Thus, the violations identified in the 2019 NOV
remained unresolved. The Draft 2020 Consent Order, excluding exhibits, is
attached as Exhibit C.
10. District staff inspected the Property again and observed that the project
was not in compliance with the following Special and General Conditions of the Permit:
a. Special Condition 28: conservation areas must not exceed 5%
total cover of exotic and nuisance plant species.
b. General Condition 3 and Paragraph 3 of the Conservation
Easement: Respondent must implement best management practices, and is prohibited
from placing material such as fill, trash, or waste within the conservation area. In
addition, no trails are authorized within the conservation area.
c. Special Condition 29: permanent physical markers, i.e. preserve
signs, are required.
11. Additionally, the berm adjacent to the conservation area was not
constructed in accordance with Exhibit 2.0 of the Permit.
12. The District issued Respondent a Notice of Noncompliance for the
violations identified above in Paragraphs 10 and 11. The violations remained
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01619039-I
unresolved, so the District issued a Final Notice of Noncompliance on December 7,
2020.
13. On September 8, 2021, the District issued Respondent a Notice of
Violation for the violations identified above in Paragraphs 10 and 11 ("2021 NOV").
The 2021 NOV stated that staff costs and penalties would be reassessed because
that the Draft 2020 Consent Order remained unsigned, leaving the initial violations
unresolved.
14. District staff conducted eight site inspections between the issuance of
the Draft 2020 Consent Order and the 2021 NOV. The inspections revealed that
Respondent had not resolved the previous violations and that the project remained out
of compliance with the Permit.
15. Respondent has now resolved the violations identified in the 2019 NOV
and 2021 NOV to the District's satisfaction.
16. By entering into this Consent Order, Respondent provided the District
with reasonable assurances of good faith and the District agrees not to initiate an
enforcement action for the violations described above. Respondent agrees that all
factual and legal claims providing the basis for this Consent Order, including all terms,
provisions, and matters referred to in the Findings of Fact and Conclusions of Law,
shall not be contested in any subsequent legal proceeding, which may be brought to
enforce the terms of this Consent Order.
CONCLUSIONS OF LAW
17. As provided in Rule 62-330.020, Florida Administrative Code, and
Sections 373.413 and 373.416, Florida Statutes, the District requires permits to
construct, alter, operate, or maintain stormwater management systems or works
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01639039-I
including activities that impact wetlands. The activity must not harm the District's water
resources.
18. The District finds that Respondent violated Chapter 373, Florida
Statutes, and its corresponding rules, by not complying with the Special and General
Conditions of the Permit.
19. The District may initiate and maintain legal action to enforce its rules,
permits, and orders, or to protect and preserve the state's water resources as provided
in Section 373.129, Florida Statutes. The District may recover a civil penalty for each
offense in an amount not to exceed $15,000.00 per offense. Each additional day in
which a violation occurs will constitute a separate offense. The District may further
recover investigative costs, court costs, and reasonable attorney's fees.
THEREFORE, having reached resolution of this matter, it is ORDERED:
ORDER
20. Within 15 days of the effective date of this Consent Order, Respondent
shall voluntarily dismiss without prejudice its Petition for Formal Administrative Hearing
challenging the District's decision to deny a permit extension under Section 252.363,
Florida Statutes. If Respondent obtains an ERP, as required under this Consent Order,
and if such ERP is challenged by a third party, the Respondent may properly refile an
identical or substantially similar Petition for Formal Administrative Hearing challenging
the District's decision to deny a permit extension under Section 252.363, Florida
Statutes, and the District agrees that it will not dismiss the petition on the grounds of
timeliness and will not otherwise challenge the timeliness of the petition.
21. Pursuant to the terms of this Consent Order, Respondent must pay the
District a total of$29,550.00 in civil penalties and costs for settlement of
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the violations identified in this Consent Order. This amount includes $27,050.00 in civil
penalties and $2,500.00 for the District's costs and attorney's fees incurred during the
investigation of this matter and for preparing and tracking this Consent Order.
Respondent shall pay $2,462.50 every month for twelve (12) consecutive months. The
First payment shall be made within ten (10) days of the effective date of this Consent
Order, the second payment shall be made by the third day of the month following the
month of the first payment, and each payment thereafter shall be paid by the third day
of each following month. For example, if the first payment is made on November 5th,
the second payment is due by December 3rd, the third payment is due by January 3rd
etc. Payment shall be made by cashier's check or money order. The instrument must
be made payable to the "South Florida Water Management District" and must be
delivered via U.S. Mail or hand delivery at the following address: South Florida Water
Management District, MSC 9210, Environmental Resource Bureau, 3301 Gun Club
Road, West Palm Beach, Florida 33406. Respondent agrees that these amounts are
reasonable and shall not contest them in any subsequent action regarding this
Consent Order.
22. Within 30 days of the effective date of this Consent Order, Respondent
must request a pre-application meeting. The pre-application meeting must be requested
by submitting a Pre-Application Meeting Request Form via email to erpreappsfwmd.qov.
The Pre-Application Meeting Request Form is attached as Exhibit D.
23. Prior to conducting any construction activities Respondent must obtain a
new ERP for the project, which shall include a revised mitigation and monitoring work
schedule.
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O 1639039-1
24. Within 90 days of the effective date of this Consent Order, Respondent
must submit a complete ERP application. This application must be substantially
complete upon submittal. If a Request for Additional Information ("RAI") is necessary,
a complete written response to the District is required within 30 days of the RAI.
Respondent shall obtain an ERP within 365 days of the effective date of the Consent
Order.
25. Once an ERP has been obtained and prior to construction, Respondent
shall request a pre-construction meeting with District staff. District staff will verify that
all noncompliance items detailed in the 2019 NOV and 2021 NOV remain corrected,
including installing the necessary best management practices and preserve signs, and
removing trash and debris from the Recorded Conservation Easement. Construction
shall not commence until the District has verified that all noncompliance items are
corrected to the District's satisfaction.
26. Respondent agrees to pay the District stipulated penalties in the amount
of $100.00 per day for each day Respondent fails to timely comply with any of the
requirements of this Consent Order. A separate stipulated penalty shall be assessed for
each violation of this Consent Order. Within 30 days of the District's written demand,
Respondent must make payment of the stipulated penalties to the "South Florida Water
Management District" by cashier's check or money order. The District may make
demand for payment at any time after a failure to comply occurs. Nothing in this
paragraph shall prevent the District from filing suit to specifically enforce any of the
terms of this Consent Order. Any stipulated penalties assessed under this paragraph
shall be in addition to the settlement sum agreed to in Paragraph 21 of this Consent
Order. If the District is required to file a lawsuit to recover stipulated penalties under this
7
(1109039-I
paragraph or to enforce this Consent Order, the provisions pertaining to stipulated
penalties are waived and the District is not foreclosed from seeking civil penalties of up
to $15,000.00 per offense per day, costs, and attorney's fees for violations of this
Consent Order. Should Respondent not obtain an ERP within the timeframes under
Paragraphs 22-24 due to the District's delay in processing the application, such delay
shall not constitute a failure to timely comply with any of the requirements of this
Consent Order.
GENERAL PROVISIONS
27. District representatives may enter the Property at reasonable times to
verify compliance with this Consent Order. Respondent's failure to comply with this
Consent Order shall constitute a violation of Chapter 373, Florida Statutes.
28. Should Respondent fail to meet the requirements set forth in this
Consent Order, the District reserves the right to petition for judicial or administrative
enforcement of its terms. In such event, Respondent shall not contest or deny any
fact, legal conclusion, or any other matter or fact set forth in this Consent Order,
including the Findings of Fact and Conclusions of Law, penalties, fees, and costs.
However, Respondent reserves the right to contest any allegation of such failure to
meet the requirements set forth in this Consent Order. In exchange for the District
not initiating legal proceedings and by signing below, Respondent waives all rights
set forth in the Notice of Rights, attached as Exhibit E.
29. If the District successfully petitions or sues for enforcement of this Consent
Order, Respondent agrees to and must pay the District's attorneys' fees, including, but
not limited to, the fair market value of in-house counsel fees as if performed by outside or
private counsel, court costs, and any other damages.
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OIO39(
30. The District expressly reserves the right to initiate appropriate legal action
to prevent or prohibit the future violation of applicable statutes or the corresponding
rules, or to alleviate an immediate serious danger to the public health, safety, or welfare.
If Respondent's non-compliance with this Consent Order leads to the District bringing an
enforcement action, Respondent consents to receive service of process by registered
mail with no signature required, delivered to Respondent's address.
31. This Consent Order shall take effect after the Respondent and the
District's (collectively, "Parties") execution, and shall remain in full force and effect until
its terms and conditions are completed to the District's satisfaction.
32. In addition, prior to any sale, transfer, conveyance or lease of the
Property, Respondent must provide a copy of this Consent Order to any prospective
purchaser or successor in interest. Respondent shall provide notification to the District
of the sale, transfer, or conveyance of the Property within 30 days.
33. Respondent, as the Property owner, consents to the District recording
notice of this Consent Order in the Collier County official records utilizing Form 62-
330.090(1), Florida Administrative Code, attached as Exhibit F. The terms, conditions,
covenants, and provisions of this Consent Order encumber the Property, run with the
Property, and are binding upon and inure to the benefit of the Parties, their heirs,
successors, and assigns, and all subsequent Property owners of the Property.
34. Entry of this Consent Order does not relieve Respondent of the need to
comply with all applicable federal, state, and local laws, regulations, or ordinances,
including District permitting requirements. This Consent Order does not give
Respondent the authority to conduct any activities on the Property that are under the
District's jurisdiction without first obtaining District authorization.
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01639039-1
35. If any event causes delay, or reasonable likelihood of delay, in complying
with the requirements or deadlines of this Consent Order, Respondent must prove
that the delay was or will be caused by circumstances beyond Respondent's
control. The failure of a contractor, subcontractor, materialman, or other agent who
Respondent delegates to meet contractually imposed deadlines shall not be
considered a cause beyond the Respondent's control.
36. Upon an event causing delay, or upon becoming aware of a potential
for delay, Respondent must notify the District verbally within 24 hours, or by the
next working day. Within 7 days of verbal notification, Respondent must notify the
District in writing of the anticipated length and cause of the delay, the measures
taken or to be taken to prevent or minimize the delay, and the timetable to
implement these measures. If the District agrees that the delay or anticipated delay
has been or will be caused by circumstances beyond Respondent's reasonable
control, the time for performance may be extended for a period equal to the agreed
delay. Such agreement shall be set forth in writing and include all reasonable
measures necessary to avoid or minimize delay. The Respondent's failure to
comply with the notice requirements in a timely manner shall constitute a waiver of
Respondent's right to request an extension of time for compliance with the
requirements or deadlines in this Consent Order. In the event it is necessary for
the District to initiate legal action regarding this Consent Order, such action may be
initiated in the Fifteenth Judicial Circuit in Palm Beach County, Florida. The District
also reserves the right to seek administrative enforcement by issuing an
Administrative Complaint and Order for Corrective Action. If the District pursues
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administrative enforcement, any final hearing shall be located at the closest District
facility to the subject Property, unless the District agrees otherwise.
DONE AND SO ORDERED in West Palm Beach, Palm Beach County, Florida,
this 8th day of June 2022.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Regu n Division
Jilt S" eec Da
STATE OF FLORIDA
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged pefore me_ O by means of "
physical presence or CIonline notarization, this do day of J11Ile_ , 2022
by Jill S. Creech.
�igr-fature of Notary Public — State of Florida
Print, Type, or Stamp Commissioned Name of
Notary Public
JUANITABOZEMAN
Personally Known " OR Produced Identification °T commission ifHH085168
Type of Identification Produced -.:�."•', ondedThrures February zo25
��:',F.`.°�' Bonded ihru-Goy Fain Insurance 800-385-7019
G ral Couns Concurrence
513t � aa
J i Lomonico, Interim General Counsel Date
11
01(,1)03n-I
RESPONDENT— HIGHLAND PROPERTIES OF LEE AND COLLIER
COUNTY, LIMITED BY:
% ce /0/2 Z_
Signature Date
PRINT NAME: /I/t-,f'J'J /-4( 3.c_ / 1 \
TITLE: wiA .v/C,-,,L t-i-c;L /" t/"7-;1 r'v^
STATE OF FLORIDA )
COUNTY OF (1/3//ir )
The foregoing instrument was acknowledged be/fpre me by m ans of
physical presence or ❑ online notarization, this /i ') day of ,
2022 by
Signs ure of N tary P i S e of lorida
Print, Type, or Stamp Commissioned Name of
Notary Public f . ,.
F :',-"�i;., MAYRA L.CESPEDES
1 =,,�' , ",;_ MY COMMISSION#GG 336326
Personally known OR Produced Identification 1 >..X.,' EXPIRES:August 7,2023
t' 'FP"«°' Bonded Thru Notary Public Underwriters
Type of Identification roduced Ili"" - - -
f--I AP. r.so k ; -A As'co,-IA is.-1 , aEK. 4,1, i,1(2_,
(name of acknowledging partner or agent)
Highland Properties of Lee and Collier Limited,
a Florida Limited Partnership, on behalf
of a partnership.
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Exhibit Created On: COLLIER COUNTY, FL Exhibit A 2017 07 21 TAORMINA RESERVE '
REGULATION DIVISION Cost Code 11252
401
TAORMINA RESERVE & SEYCHELLES '
�u
0 1,400 2,800 A South Florida Water Management District
Feet S I II MIS
IIAI
INSTR 5514665 OR 5480 PG 330 RECORDED 2/22/2018 2:08 PM PAGES 8 RE-RECORD
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
DOC@.70 $0.70 REC $69.50
'''Conservation Easement not to be recorded until the issuance of permit for Application No.070405.4 and Zoning"
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
DEED OF CONSERVATION EASEMENT
Return recorded document to:
South Florida Water Management District
3301 Gun Club Road,MSC 4210
. West Palm Beach,FL 33406
THIS DEED OF CONSERVATION EASEMENT is given this
day of September , 20 09 , by
Highland Properties of Lee and Collier,Ltd.
6980 Sandalwood Lane,Naples,FL 34109 . .. � Co.-r , ("Grantor") .
whose mailing i•' = %'.address is
�� / l",
to the South Florida Water'Management bistrict:("Grantee''' As used herein, the term
"Grantor" shall include any and,all heirs,;successors or assigns of+the Grantor, and all
subsequent owners of theL,"Property" (as hereinafter defined)' the term "Grantee"
shall include any successor or.assignee of Grantee. . i -,
,t N\ WITNESSETH
l�r WHEREAS, the Grantor 'Is "the; gavrjer.` of certain lands situated in
Collier CoUntY, Florida, and more specifically
described in Exhibit"A"attached hereto and incorporated herein ("Property"); and
WHEREAS, the Grantor desires to construct
Taormina Reserve ("Project") at a site in
Collier County, which is subject to the regulatory
jurisdiction of South Florida Water Management District("District"); and
WHEREAS, District Permit No. Application No.070405-4 ("Permit")
authorizes certain activities which affect surface waters in or of the State of Florida; and
INSTR 5512452 OR 5478 PG 2449
RECORDED 2/19/2018 12:43 PM PAGES 8
DWIGHT E.BROCK,CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
DOC@.70$0.70 REC$69.50
Form 1191 (01/2007) Deed of Conservation Easement-Standard Passive Recreational Page 1 of 9
Exhibit 3.6
Application No. 070405-4
1 of 6 EXHIBIT B
Pagel of8
OR 5480 PG 331
WHEREAS, this Permit requires that the Grantor preserve, enhance, restore and/or
mitigate wetlands and/or uplands under the District's jurisdiction; and
WHEREAS, the Grantor has developed and proposed as part of the Permit
conditions a conservation tract and maintenance buffer involving preservation of certain
wetland and/or upland systems on the Property;and
WHEREAS,the Grantor, in consideration of the consent granted by the Permit, is
agreeable to granting and securing to the Grantee a perpetual Conservation Easement
defined in Section 704.06, Florida Statutes, over the area described on Exhibit "B"
("Conservation Easement").
NOW, THEREFORE, in consideration of the issuance of the Permit to construct
and operate the permitted activity, and as an inducement to Grantee in issuing the
Permit, together with other good and valuable consideration, the adequacy and receipt
of which are hereby acknowledged, Grantor hereby grants, creates, and establishes a
perpetual Conservation Easement for and jr),fa)rlir:of.the Grantee upon the property
described on Exhibit"B"which shay,rjrMyiftle..latrcti t,y�f{,be binding upon the Grantor,
and shall remain in full force and e ctforever. "' ..,!'w,r
The scope, nature, and'chracter of this Conservation Easement shall be as
follows: /1 / �._,. .,.. ��..., ,
r /
.,ey --- ,, \
1. Recitals. Theirec. iK1�iria�d ; f-.ir )ue and correct and are
hereby Incorporated into and m ,eta ps rt rig ti1is o efv itit E�lserhent.
I i
2. Purpose. It is die urpose of this Cons ratio Eats 'rrient to retain land or
water areas in their natural, v tative, hydrologic, s .,fic,p plp ,` ricuitural or wooded
condition and to retain such areas, ,,`as suitable habitat for-#istiL plaints or wildlife. Those
wetland and/or upland areas irieludQ�e�ti.in the Conservajiei es'ement which are to be
enhanced or created pursuant to`thie'P rmit-shalt-beirethinad and maintained in the
enhanced or created conditions require ;4Ae i:e t° ':
To carry out this purpose, the following rights are conveyed to Grantee by this
easement: •
a. To enter upon the Property at reasonable times with any necessary
equipment or vehicles to enforce the rights herein granted in a manner that will not •
unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at
the time of such entry; and
b. To enjoin any activity on or use of the Property that is inconsistent
with this Conservation Easement and to enforce the restoration of such areas or
features of the Conservation Easement that may be damaged by any inconsistent
activity or use.
3. Prohibited Uses. Except for restoration, creation, enhancement,
maintenance and monitoring activities, or surface water management improvements, or
Form 1191 (01/2007) Deed of Conservation Easement-Standard Passive Recreational Page 2 of 9
Exhibit 3.6
Application No. 070405-EXHIBIT B
2 of 6 page 2 of 8
OR 5480 PG 332
other activities described herein that are permitted or required by the Permit, the
following activities are prohibited in or on the Conservation.Easement:
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 soil or other substance or material as landfill,
or dumping or placing of trash, waste,or unsightly or offensive materials;
c. Removal or destruction of trees, shrubs, or other vegetation, except
for the removal of exotic or nuisance vegetation in accordance with a District approved
maintenance plan;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or
other material substance in such manner as to affect the surface;
e. Surface use except for purposes that permit the land or water area
to remain in its natural or enhanced conditigtr;.
•--. . ��f
f. Activities,detrirriental to drainage, flood control, water conservation,
erosion control, soil conservation;or fish and wlldlif? habitat,preservation including, but
not limited to, ditching, diking and fencing;g.
Acts or uaes(det amOntal''},td 4,)chl afotet�ientioned retention of land
or water areas; r �� ', ,1�. \ j j 1.,�.. \,,1 i I •
h. Acts dt,,uSes which are detrimental to the preservation of the
structural integrity or physical .appearance of site:, or' properties having historical,
archaeological, or cultural significance.
4. Passive Recreational Facilities. .Grantor reserves all rights as owner of
the Property, including the right to engage in uses.ofthe Property that are not prohibited
herein and that are not inconsistent with any District rule, criteria, the Permit and the
intent and purposes of this Conservation Easement. Passive recreational uses that are
not contrary to the purpose of this Conservation Easement may be permitted upon
written approval by the District.
a. The Grantor may conduct limited land clearing for the purpose of
constructing such pervious facilities as docks, boardwalks or mulched walking trails.
b. The construction and use of the approved passive recreational
facilities shall be subject to the following conditions:
i. Grantor shall minimize and avoid, to the fullest extent
possible, impact to any wetland or upland buffer areas within the Conservation
Easement Area and shall avoid materially diverting the direction of the natural surface
water flow in such area;
Form 1191 (01/2007) Deed of Conservation Easement-Standard Passive Recreational Page 3 of 9
Exhibit 3.6
Application No. 070405-4
3 of 6 EXHIBIT B
Page 3 of 8
OR 5480 PG 333
ii. Such facilities and improvements shall be constructed and
maintained utilizing Best Management Practices;
iii. Adequate containers for litter disposal shall be situated
adjacent to such facilities and improvements and periodic inspections shall be instituted
by the maintenance entity, to clean any litter from the area surrounding the facilities and •
improvements;
iv. This Conservation Easement shall not constitute permit
authorization for the construction and operation of the passive recreational facilities.
Any such work shall be subject to all applicable federal, state, District or local permitting
requirements.
5. No Dedication. No right of access by the general public to any portion of
the Property is conveyed by this Conservation Easement.
6. Grantee's Liability. Grante@:ihaf'n t be responsible for any costs or
liabilities related to the operation,.uplreep'dr rnaintenancP of,the Property.
/i 1 \'
7. Property Taxes. Grantor shall keep the payment of taxes and
assessments on the Easement Parcel current and.shall not allow any lien on the
Easement Parcel superior to this. Easement, In the event Grantor, fails to extinguish or
obtain a subordination of such lien, ih acidltion o1144 tl er remedy, the Grantee may,
but shall not be obligated to, elect to pay the lien,,,onibehalr of;the Grantor and Grantor
shall reimburse Grantee for'the' amount paid by Grantee,:together with Grantee's
reasonable attorney's fees'and,costs, with interestV the maximum rate allowed by law,
no later than thirty days .aftor,such payment. the event.Grantor does not so
reimburse the Grantee, the'debt owed to Grantee shall constitute a lien against the
Easement Parcel which shall:automatically relate back to the recording date of this
Easement. Grantee may foreclose this lien on.the,Easement Parcel in the manner
provided for mortgages on real propertyl �= { �jtt
8. Enforcement. Enforcement of the terms, provisions and restrictions of this
Conservation Easement shall be at the reasonable discretion of Grantee, and any
forbearance on behalf of Grantee to exercise its rights hereunder in the event of any
breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's
rights hereunder.
9. Assignment. Grantee will hold this Conservation Easement exclusively for
conservation purposes. Grantee will not assign its rights and obligations under this
Conservation Easement except to another organization or entity qualified to hold such
interests under the applicable state laws.
10. Severability. If any provision of this Conservation Easement or the
application thereof to any person or circumstances is found to be invalid, the remainder
of the provisions of this Conservation Easement shall not be affected thereby, as long
as the purpose of the Conservation Easement is preserved.
Form 1191 (0112007) Deed of Conservation Easement-Standard Passive Recreational Page 4 of 9
Exhibit 3.6
Application No. 070405-4
4 of 6 EXHIBIT B
Page 4 of 8
OR 5480 PG 334
11. Terms, Conditions, Restrictions, Purpose. The terms, conditions,
restrictions and purpose of this Conservation Easement shall be inserted by Grantor in
any subsequent deed or other legal instrument by which Grantor divests itself of any
interest in the Conservation Easement. Any future holder of the Grantor's interest in the
Property shall be notified in writing by Grantor of this Conservation Easement.
12. Written Notice. All notices, consents, approvals or other communications
hereunder shall be in writing and shall be deemed properly given if sent by United
States certified mail, return receipt requested, addressed to the appropriate party or
successor-in-interest.
13. Modifications. This Conservation Easement may be amended, altered,
released or revoked only by written agreement between the parties hereto or their heirs,
assigns or successors-in-interest, which shall be filed in the public records in
Collier County.
TO HAVE AND TO HOLD untoi. trarite :j-forever. The covenants, terms,
conditions, restrictions and purposes imposed with-this Conservation Easement shall be
binding upon Grantor, and shall'continue as a servitude.r&inning in perpetuity with the
Property.
Grantor hereby covenants with .Said:-Grantee that Grantor is lawfully seized of
said Property in fee simple;:that the Conservator Easement is free and clear of all
encumbrances that are incon,4istent With the*Orrtts of this,Conservation Easement; and
all mortgages and liens on'the:.Conservation Easement 'area, if any, have been
subordinated to this Conservation Easement; and that Grantor,has good right and lawful
authority to convey this Conservation Easement; and that It hereby fully warrants and
defends the title to the Conservation Easement hereby.-conveyed against the lawful
claims of all persons whomsoe'vert .,
c.Je s'+ 3.
IN WHEREOF,
-.r
Samuel Hubschman
(Grantor) has hereunto set its authorized hand this
day of .s r_ "e_triA y , 2o-10 i
a Florida corp•ration
By: fr/ (Signature)
.
Name: Samuel Hubschman 'raw neonn.s=,n
(Print)
Title: Owner
Form 1191 (01/2007) Deed of Conservation Easement-Standard Passive Recreational Page 5 of 9
Exhibit 3.6
Application No. 070405-4
5 of 6 EXHIBIT B
Page 5 of 8
OR 5480 PG 335
Signed, sealed nd de 'vexed in our presence as witnesse •
By: By:
(Signature) . el
Name: S�tmc,t /f ylrt,4,t/ _ Name: _- - —
(Print)
0 J 7?ob es- cs-e''°`!
STATE OF FLORIDA
ss:
COUNTY OF collier
On this )Lc' - day of r k,lruary.
2 / ' before me, the undersigned notary public, personally appeared
Air a�>~ Nr.Esc1J,►�r>a.r� the person who subscribed to the
foregoing instrument, as the President (title), of
-`Highland Properties of Lee and Goi User,_LT15 :(corporation), a Florida •
corporation, and acknowledged:.that he/she executed`.the same on behalf of said
corporation and that he/she was duly authorized to do so. He/She is personally known
10 me. or has produced a (state) driver's
license as identification.
IN WITNESS WHEREOF, I hereunto set my hand and official:seal,
NOTARY PUBLIC, STATE OF FLORIDA
r•' 'i i-?•"ci- C_• ,).k-----_-:-,--- (--4/...),C-2.-/. .
/ .T f -.(Signature) -
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My Commission Expires: -_— - D
11
, GLENNA S.TOLSON
_3? ;,. MY COMMISSIONNGG148792
1. EXPIRES:February 5,2022
':".?,f'''' Banded Tbru Notary Public Underwriters
Form 1191 (01/2007) Deed of Conservation Easement-Standard Passive Recreational Page 6 of 9
Exhibit 3.6
Application No. 0704EH1 BIT B
6 of 6 Page 6 of 8
OR 5480 PG 336
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Application No. 070405-4
2 of 2
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1 of 2 Page 8 of 8
41:et-
� SOUTH FLORIDA WATER MANAGEMENT DISTRICT
\�OS ,m-i17,
Cost Code 11252
March 20, 2020
Mr. Samuel Hubschman
Highland Properties of Lee and Collier LTD
6980 Sandlewood Lane
Naples, FL 34109
Subject: Taormina Reserve
Consent Order
Collier County
PCN: 00407360000
Dear Mr. Hubschman:
As discussed with South Florida Water Management District (District) staff and Andy Woodruff
on March 20, 2020, a Consent Order (Order) settling the outstanding enforcement issues
regarding the above-referenced violation is enclosed. Please read the entire document and
have your authorized representative sign and print their name on the signature page, have a
witness or notary attest the signature of the representative as indicated, and return the entire
document to this office before April 30, 2020.
Final agency action regarding this matter will then be presented to the Division Director of
Regulation for finalization. A complete, executed copy will be provided for you upon execution
of the Order by the District.
Thank you for your cooperation in this matter. If you have any questions or require additional
information, please contact the undersigned at (239) 338-2929 ext. 7713, or via e-mail at
jbrosiou@sfwmd.gov, in the Fort Myers Service Center.
Sincerely,
fiq 614'
Matt Brosious, PWS, Environmental Analyst
Environmental Resource Bureau
Enclosure: Consent Order
c: Andy Woodruff, Passarella & Associates, Inc. (via Email)
EXHBIT C
PAGE 1 OF 9
(gun(I111,Road,Wt.l Palm If,•arh,I lurida 114Ik,•tilltN,-FNNI• I-s04312.204i•%%%%%%,ht rod go,...
BEFORE THE GOVERNING BOARD OF THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
SOUTH FLORIDA WATER
MANAGEMENT DISTRICT,
Complainant,
v. SFWMD No. 202 - -CO-ERP
HIGHLAND PROPERTIES
OF LEE AND COLLIER, LIMITED,
Respondent.
/
CONSENT ORDER
This Consent Order is entered into between Complainant, South Florida Water
Management District ("District"), and Respondent, Highland Properties of Lee and Collier
Limited ("Respondent") by mutual consent, who agree as follows:
FINDINGS OF FACT
1. The District, a government entity created under Chapter 373, Florida
Statutes, is a multipurpose water management district with its principal office located at
3301 Gun Club Road, West Palm Beach, Florida 33406.
2. Respondent is a person within the meaning of Section 373.019(15), Florida
Statutes. Respondent's mailing address is 6980 Sandlewood Lane, Naples, FL 34109.
3. The following exhibits are attached and incorporated into this Consent
Order:
Exhibit A— Location Map
March 20, 2020
Page 1 of 8—COST CODE 11252 Short Form Consent Order(08/19/19)
EXHBIT C
PAGE 2 OF 9
Exhibit B — Deed of Conservation Easement
Exhibit C — Notice of Rights
4. Respondent owns property with Parcel Identification Number
00407360000, located in Section 9, Township 50, Range 26; Collier County, Florida
("Property"). The Property is shown on the location map attached as Exhibit A.
5. The District has jurisdiction over the Respondent, the Property, any
stormwater management system, wetlands, wetland impacts, and all works, and
maintenance activities conducted on the property as provided in Chapter 373, Florida
Statutes.
6. On September 13, 2010, the District issued Environmental Resource Permit
No. 11-03160-P to the Respondent to construct and operate a stormwater management
system for an 82.51-acre residential and commercial development known as Taormina
Reserve ("Permit").
7. On December 21, 2018, the District inspected the Property and discovered
impacts to wetlands from depositing fill material and dredging. Staff also observed that
native vegetation was removed from the preserve area, prohibited by Paragraph 3(c) of
the recorded conservation easement.
8. On July 31, 2019, the District issued a Notice of Violation ("NOV') to the
Respondent for the activities described in Paragraph 7.
9. The Respondent restored the violation to the District's satisfaction.
10. By entering into this Consent Order, Respondent provided the District with
reasonable assurances of good faith and the District agrees not to initiate an enforcement
March 20, 2020
Page 2 of 8—COST CODE 11252 Short Form Consent Order(08/19/19)
EXHBIT C
PAGE 3 OF 9
action for the violations described in the NOV, as long as Respondent complies with this
Consent Order. Respondent agrees that all factual and legal claims providing the basis
for this Consent Order, including all terms, provisions, and matters referred to in the
Findings of Fact and Conclusions of Law, shall not be contested in any subsequent legal
proceeding that may be brought to enforce the terms of this Consent Order.
CONCLUSIONS OF LAW
11. As provided in Rule 62-330.020, Florida Administrative Code, and Sections
373.413 and 373.416, Florida Statutes, the District requires permits for the construction,
and operation of stormwater management systems or works, including activities that
impact wetlands. Activities must not harm the water resources of the District.
12. Respondent violated Chapter 373, Florida Statutes, and corresponding
rules, by not meeting the conditions of the Permit.
13. The District may initiate and maintain legal action to enforce its rules,
permits and orders, or to protect and preserve the water resources of the state in
accordance with Section 373.129, Florida Statutes. The District may recover a civil
penalty for each offense in an amount not to exceed $10,000.00 per offense. Each
additional day in which a violation occurs will constitute a separate offense. The District
may further recover investigative costs, court costs, and reasonable attorney's fees.
THEREFORE, having reached resolution of this matter, it is ORDERED:
ORDER
14. Within 14 days of the effective date of this Consent Order, Respondent must
pay the District a total of $6,400.00 in civil penalties and costs for settlement of the
March 20, 2020
Page 3 of 8—COST CODE 11252 Short Form Consent Order(08/19/19)
EXHBIT C
PAGE 4 OF 9
violations identified in this Consent Order. This amount includes $3,900.00 in civil
penalties and $2,500.00 for the District's costs and attorney's fees incurred during the
investigation of this matter, and the preparation and tracking of this Consent Order.
Payment shall be made by cashier's check or money order. The instrument must be
made payable to the "South Florida Water Management District" and must be delivered
via U.S. Mail or hand delivery at the following address: South Florida Water Management
District, MSC9210, Environmental Resource Bureau, 3301 Gun Club Road, West Palm
Beach, Florida 33406. Respondent agrees that these amounts are reasonable and shall
not contest them in any subsequent action regarding this Consent Order.
GENERAL PROVISIONS
15. District representatives may enter the Property during reasonable times to
verify compliance with this Consent Order. Respondent's failure to comply with this
Consent Order shall constitute a violation of Chapter 373, Florida Statutes.
16. Should Respondent fail to meet the requirements set forth in this Consent
Order, the District reserves the right to petition for judicial or administrative enforcement.
In such event, Respondent shall not contest or deny any fact, legal conclusion, or any
other matter or fact set forth in this Consent Order, including the Findings of Fact,
Conclusions of Law, penalties, fees, or costs. In exchange for the District not initiating
legal proceedings and by signing below, Respondent waives all rights set forth in the
Notice of Rights, attached as Exhibit C.
17. If the District successfully petitions or sues for enforcement of this Consent
Order, Respondent agrees to and must pay all attorneys' fees, including, but not limited
March 20, 2020
Page 4 of 8—COST CODE 11252 Short Form Consent Order(08/19/19)
EXHBIT C
PAGE 5 OF 9
to, the fair market value of in-house counsel fees as if performed by outside or private
counsel, court costs, and any other damages.
18. The District expressly reserves the right to initiate appropriate legal action
to prevent or prohibit the future violation of applicable statutes or the corresponding rules,
or to alleviate an immediate serious danger to the public health, safety, or welfare. If
Respondent's non-compliance with this Consent Order leads to the District bringing an
enforcement action, Respondent consents to receive of service of process by registered
mail with no signature required and delivered to the Respondent's address.
19. This Consent Order shall take effect upon the Respondent and the District's
execution and shall remain in full force and effect until its terms and conditions are
completed to the District's satisfaction.
20. Entry of this Consent Order does not relieve the Respondent of the need to
comply with all applicable federal, state and local laws, regulations or ordinances,
including any District permitting requirements. This Consent Order does not give
Respondent the authority to conduct any activities on the Property that are under District
jurisdiction without first obtaining District authorization.
21. In the event it is necessary for the District to initiate legal action regarding
this Consent Order, such action may be initiated in the Fifteenth Judicial Circuit in Palm
Beach County, Florida. The District also reserves the right to seek administrative
enforcement by issuing an Administrative Complaint and Order for Corrective Action. If
the District pursues administrative enforcement, any final hearing shall be located at the
closest District facility to the subject Property, unless the District agrees otherwise.
March 20, 2020
Page 5 of 8—COST CODE 11252 Short Form Consent Order(08/19/19)
EXHBIT C
PAGE 6 OF 9
DONE AND SO ORDERED in West Palm Beach, Palm Beach County, Florida, this
day of , 202_.
March 20, 2020
Page 6 of 8-COST CODE 11252 Short Form Consent Order(08/19/19)
EXHBIT C
PAGE 7 OF 9
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Regulation Division
Jill S. Creech, P.E., Director Date
STATE OF FLORIDA )
COUNTY OF )
The foregoing instrument was acknowledged before me by means of ❑ physical
presence or ❑ online notarization, this by
Signature of Notary Public—State of Florida
Print, Type, or Stamp Commissioned Name of Notary Public
Personally Known OR Produced Identification
Type of Identification Produced
General Counsel Concurrence
Paula L. Cobb Date
March 20, 2020
Page 7 of 8—COST CODE 11252 Short Form Consent Order(08/19/19)
EXHBIT C
PAGE 8 OF 9
HIGHLAND PROPERTIES OF LEE AND COLLIER, LIMITED
BY:
Signature
DATE:
PRINT NAME:
TITLE:
STATE OF FLORIDA )
COUNTY OF )
The foregoing instrument was acknowledged before me by means of ❑ physical
presence or ❑ online notarization, this by
Signature of Notary Public—State of Florida
Print, Type, or Stamp Commissioned Name of Notary Public
Personally Known OR Produced Identification
Type of Identification Produced
(name of acknowledging partner or agent)
Highland Properties of Lee and Collier Limited, a Florida Limited Partnership, on behalf of
the partnership.
March 20, 2020
Page 8 of 8—COST CODE 11252 Short Form Consent Order(08/19/19)
EXHBIT C
PAGE 9 OF 9
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Pre-Application Meeting Request
TO: FROM: Date
ERPREAPP@SFWMD.GOV Name
Phone Number
Email Address
GENERAL INFORMATION
(A location map and aerial photo.raph with geographic references should be brought to the meeting or submitted with the request.)
❑ New Project Project Name
❑ Permit Modification
Permit Number Project Location
Address
City County
South Florida Water Management District Basin Section Township Range
Special Drainage District Parcel Identification(if available)
PROJECT DESCRIPTION (including project acreage)
Please describe the proposed land use,surface water management system and receiving system,and wetland impacts.
SPECIFIC CONCERNS/ISSUES This information will help to make the meeting more productive and will assist in determining whether other
District units should participate(i.e.Comprehensive Everglades Restoration Plan,right-of-way,water use,land stewardship).
ADDITIONAL INFORMATION
❑ YES ❑ NO Are there historic basin storage/floodplain issues?
❑ YES ❑ NO Does this project discharge into or is it in close proximity to an Outstanding Florida Water Aquatic Preserve?
If YES,please name:
❑ YES ❑ NO Does the site contain wetlands or other surface waters?
❑ YES ❑ NO Has District staff performed a wetland determination?
If YES,please provide name of staff person: and Date:
l❑y YES — NO If NO,would you like to request one now?
u YES NO Does the site contain or is it adjacent to,state-owned,sovereign,submerged lands?
To help us reserve the appropriate size conference room,list all persons and/or the total number who plan to attend the meeting and their affiliation.
Name/Quantity Affiliation Name/Quantity Affiliation
CONSENT ORDER 51fwmd.29
Form 1274(05/2017) EXHIBIT D
PAGE 1 OF 2 Exhibit I,Page 1 of 2
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Pre-Application Meeting Request
ENVIRONMENTAL RESOURCE BUREAU CONTACTS & LOCATIONS
(CLICK ABOVE LINK AND SCROLL DOWN FOR FULL LIST)
Pre-Application Meeting Request
erpreap_p@sfwmd.gov
Upon receipt of your request it will be forwarded to the appropriate Service Center Staff.
You will be contacted by Staff to set a specific date and time for the meeting. Feel free
to provide your preferred date and time range in your email to the address above.
Surface Water/Engineering & Variances
• Broward, Miami-Dade, Monroe and Palm Beach counties
Dustin Wood, P.E.
duwoodsfwrnd.gov - (561) 682-2624
• Charlotte, Collier, Hendry and Lee counties
Angelica Hoffert, P.E.
ahoffert a(�sfwmd.gov (239) 338-2929 x7731
• Glades, Highlands, Martin, Okeechobee and St. Lucie counties
Gary Priest, P.E.
gpriest ci sfwmd.gov - (863) 462-5260 x3016
• Orange, Osceola and Polk counties
Debra Laisure, P.E.
dlaisure&..sfwmd.gov - (407) 858-6100 x3805
Wetlands & State Lands
• Broward, Martin, Miami-Dade, Monroe, Palm Beach, St. Lucie
Barb Conmy
bconmv(a7sfwmd.gov - (561) 682-6937
• Charlotte, Collier, Hendry, Lee
Laura Layman
(layman@sfwmd.gov - (239) 338-2929 x7725
• Glades, Highlands, Okeechobee
Stephanie Raymond
sraymon(a�sfwmd.gov- (863) 462-5260 x3007
• Orange, Osceola, Polk
Marc Ady
mady@sfwmd.gov- (407) 858-6100 x3803
CONSENT ORDER
Form 1274 EXHIBIT D isknin S425n
(07/2020r) PAGE 2 OF 2 Page 2 of 2
Exhibit I,Page 2 of 2
NOTICE OF RIGHTS
As required by Chapter 120, Florida Statutes, the following provides notice of the opportunities which may be
available for administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes, or judicial
review pursuant to Section 120.68, Florida Statutes, when the substantial interests of a party are determined
by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Some of the legal
proceedings detailed below may not be applicable or appropriate for your situation. You may wish to consult
an attorney regarding your legal rights.
RIGHT TO REQUEST ADMINISTRATIVE HEARING
A person whose substantial interests are or may be affected by the South Florida Water Management District's
(District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569
and 120.57, Florida Statutes. Persons seeking a hearing on a District decision which affects or may affect
their substantial interests shall file a petition for hearing in accordance with the filing instructions set forth
herein within 21 days of receipt of written notice of the decision unless one of the following shorter time periods
apply: (1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed
applications for environmental resource permits and use of sovereign submerged lands pursuant to Section
373.427, Florida Statutes; or (2) within 14 days of service of an Administrative Order pursuant to Section
373.119(1), Florida Statutes. "Receipt of written notice of agency decision" means receipt of written notice
through mail, electronic mail, posting, or publication that the District has taken or intends to take final agency
action. Any person who receives written notice of a District decision and fails to file a written request for
hearing within the timeframe described above waives the right to request a hearing on that decision.
If the District takes final agency action that materially differs from the noticed intended agency decision,
persons who may be substantially affected shall, unless otherwise provided by law, have an additional point of
entry pursuant to Rule 28-106.111, Florida Administrative Code.
Any person to whom an emergency order is directed pursuant to Section 373.119(2), Florida Statutes, shall
comply therewith immediately, but on petition to the board shall be afforded a hearing as soon as possible.
A person may file a request for an extension of time for filing a petition. The District may grant the request for
good cause. Requests for extension of time must be filed with the District prior to the deadline for filing a
petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted
with all other parties concerning the extension and whether the District and any other parties agree to or
oppose the extension. A timely request for an extension of time shall toll the running of the time period for
filing a petition until the request is acted upon.
FILING INSTRUCTIONS
A petition for administrative hearing must be filed with the Office of the District Clerk. Filings with the Office of
the District Clerk may be made by mail, hand-delivery, or e-mail. Filings by facsimile will not be accepted. A
petition for administrative hearing or other document is deemed filed upon receipt during normal business
hours by the Office of the District Clerk at the District's headquarters in West Palm Beach, Florida. The
District's normal business hours are 8:00 a.m. — 5:00 p.m., excluding weekends and District holidays. Any
document received by the Office of the District Clerk after 5:00 p.m. shall be deemed filed as of 8:00 a.m. on
the next regular business day. Additional filing instructions are as follows:
• Filings by mail must be addressed to the Office of the District Clerk, 3301 Gun Club Road, West Palm
Beach, Florida 33406.
Rev. 1/16/20 1 EXHIBIT E
Pagel oft
• Filings by hand-delivery must be delivered to the Office of the District Clerk. Delivery of a petition to
the District's security desk does not constitute filing. It will be necessary to request that the District's
security officer contact the Office of the District Clerk. An employee of the District's Clerk's office will
receive and process the petition.
• Filings by e-mail must be transmitted to the Office of the District Clerk at clerk@sfwmd.gov. The filing
date for a document transmitted by electronic mail shall be the date the Office of the District Clerk
receives the complete document.
INITIATION OF AN ADMINISTRATIVE HEARING
Pursuant to Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Rules 28-106.201 and 28-
106.301, Florida Administrative Code, initiation of an administrative hearing shall be made by written petition to
the District in legible form and on 81/2 by 11 inch white paper. All petitions shall contain:
1. Identification of the action being contested, including the permit number, application number, District
file number or any other District identification number, if known.
2. The name, address, any email address, any facsimile number, and telephone number of the
petitioner, petitioner's attorney or qualified representative, if any.
3. An explanation of how the petitioner's substantial interests will be affected by the agency
determination.
4. A statement of when and how the petitioner received notice of the District's decision.
5. A statement of all disputed issues of material fact. If there are none,the petition must so indicate.
6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends
warrant reversal or modification of the District's proposed action.
7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of
the District's proposed action.
8. If disputed issues of material fact exist, the statement must also include an explanation of how the
alleged facts relate to the specific rules or statutes.
9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the
District to take with respect to the District's proposed action.
MEDIATION
The procedures for pursuing mediation are set forth in Section 120.573, Florida Statutes, and Rules 28-
106.111 and 28-106.401—.405, Florida Administrative Code. The District is not proposing mediation for this
agency action under Section 120.573, Florida Statutes, at this time.
RIGHT TO SEEK JUDICIAL REVIEW
Pursuant to Section 120.68, Florida Statutes, and in accordance with Florida Rule of Appellate Procedure 9.110, a
party who is adversely affected by final District action may seek judicial review of the District's final decision by
filing a notice of appeal with the Office of the District Clerk in accordance with the filing instructions set forth herein
within 30 days of rendition of the order to be reviewed,and by filing a copy of the notice with the appropriate district
court of appeals via the Florida Courts E-Filing Portal.
EXHIBIT E
Page 2 of 2
Fyev. 111 6/20 2
0" ��N SOUTH FLORIDA WATER MANAGEMENT
1,s} Notice of Consent Order
Document Prepared By:
South Florida Water Management District
Return Recorded Document To:
Regulation Division
South Florida Water Management District
3301 Gun Club Road
West Palm Beach, FL 33406
MSC 2430
RE: Respondent: HIGHLAND PROPERTIES OF LEE AND COLLIER, LIMITED
Parcels: 00407360000, 00407320008, 00408160005, 00408400008,
00408440000, and 00406720007
County: COLLIER
A Consent Order between HIGHLAND PROPERTIES OF LEE AND COLLIER, LIMITED,
and the South Florida Water Management District ("SFWMD") Regulation Division,
District Order Number SFWMD 2022- -CO-ERP.
Notice
The SFWMD hereby gives notice that a Consent Order has been entered into between
HIGHLAND PROPERTIES OF LEE AND COLLIER, LIMITED, ("Respondent") and the
SFWMD pertaining to the real property described on Exhibit 1, attached hereto and made a
part hereof ("Property"). This Property is subject to the requirements and restrictions set forth
in Chapter 373, Florida Statutes (FS), Title 40E, Florida Administrative Code (FAC), and the
provisions of the Consent Order.
Within thirty (30) days of any transfer of interest or control of any portion of the property
described in the attached Consent Order, the Respondent must notify the SFWMD in writing
of the property transfer.
The Property identified in the Consent Order is subject to restoration plans or other
requirements such as obtaining a permit. Purchasers are put on notice that such restoration
plans or permit requirements exist. The purchasers are subject to compliance with all
permitting and other requirements under Chapter 373, FS, Chapter 62.330, FAC, and Title
40E, FAC, for activities occurring on the Property.
EXHIBIT F
PAGE 1 OF 4
Conflict Between Notice and Consent Order
This Notice of Consent Order may not include all of the information contained in the file of
record. The entire Consent Order is available online at: www.sfwmd.gov/epermittinq, select
the Enforcement tab, then enter Cost Code: 11252. A paper copy can be obtained by
contacting: Matt Brosious — Environmental Analyst 3, South Florida Water Management
District, 2301 McGregor Blvd. Fort Myers, Fl 33901, or by phone at: (239) 338-2929 x7713.
Provisions in this Notice of Consent Order shall not be used in interpreting the Consent Order
provisions. In the event of conflict between this Notice of Consent Order and the Order itself,
the Consent Order shall control.
EXHIBIT F
PAGE 2 OF 4
Release
This Notice may not be released or removed from the public records without the prior written
consent of the South Florida Water Management District. The contact for this release is the
Director of the Environmental Resource Bureau, 3301 Gun Club Road, West Palm Beach, FL
33406.
The terms, conditions, covenants, and provisions of the Consent Order encumber the real
property described on Exhibit 1, attached hereto and incorporated herein ("Property"), shall run
with the Property, and shall be binding upon and inure to the benefit of the parties hereto, their
heirs, successors, and assigns, and all subsequent owners of the Property.
This Notice is executed on this day of , 20 .
South Florida Water Management District
District Clerk
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
20 by , as District Clerk of the South Florida
Water Management District a public corporation, on behalf of the public corporation. He/She
is personally known to me or has produced as
identification.
Notary Public
(seal)
Print
My Commission Expires:
EXHIBIT F
PAGE 3 OF 4
Exhibit 1
LEGAL DESCRIPTIONS(Parcel Number)
00407360000 SEC 9 TWP 50 RNG 26 W1/2 OF NW1/4 OF NW1/4 LESS N 75FT FOR
R/W, LESS OR BOOK 4075 PG 572 FOR RAN, LESS OR BOOK 4353
PG 1085 FOR RAN
00407320008 SEC 9 TWP 50 RNG 26NW1/4 OF SW1/4 OF NW1/4 10 AC AS DESC
IN OR BOOK 1087 PG 841, LESS OR BOOK 4353 PG 1085 FOR
SANTA BARBARA EXT
00408160005 SEC 9 TWP 50 RNG 26 N1/2 OF NE1/4 OF SW1/4 OF NW1/4 5 AC OR
BOOK 1186 PG 2060
00408400008 SEC 9 TWP 50 RNG 26 S1/2 OF NE1/4 OF SW1/4 OF NW1/4
00408440000 SEC 9 TWP 50 RNG 26 N1/2 OF SE1/4 OF SW1/4 OF NW1/4
00406720007 SEC 9 TWP 50 RNG 26SE1/4 OF NW1/4 40 AC OR BOOK 1116 PG
333
EXHIBIT F
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