The City owns certain real property with an address of 645 Iron Bridge Circle located in Seminole County at which the City’s Iron Bridge Wastewater Facility (“Facility”) is located.  Since 2004, the City has performed assessment and remediation activities at a storage tank and piping system spill related to damage caused by Hurricane Charley. Some residual contamination in the soil was encountered near some of the piping which could not be readily removed absent extraordinary and expensive efforts.  The FDEP has agreed to allow the contamination to remain in place if certain restrictions on the use of the property are implemented by a restrictive covenant.  The covenant places certain restrictions on excavation and dewatering in this area, while allowing the contamination to remain in place.  Both the City’s Public Works Department and the FDEP have reviewed and approved the restrictive covenant.  There are no plans to do any excavation or install any additional infrastructure in this area of the site subject to the restrictive covenant and, even if that becomes necessary in the future, Public Works has no objection complying with the requirements of the covenant.  Duke Energy, who has an easement through the Facility, including the area where the restrictive covenant will be placed, has stated no objection to this restrictive covenant.  Seminole County, who owns an undivided 1/64^th interest in the property, will also be required to sign this restrictive covenant.