Agenda 10/11/2011 Item #16E710/11/2011 Item 16.E.7.
EXECUTIVE SUMMARY
Recommendation to accept a deed of conveyance of 62.63 acres +/- of canals and small
reservoir within the Orangetree PUD providing for future access to a park site, additional
surface water management area for the planned county public utility site and operation and
maintenance of the area's stormwater management outfall system, and to approve a
Maintenance Agreement.
OBJECTIVE: To obtain acceptance from the Board of County Commissioners of Collier County,
Florida (Board) of a deed of conveyance of canals and small reservoir within the Orangetree PUD
( "Canals") currently owned by Roberto Bollt, as Successor Trustee of the Land Trust Agreement
dated January 27, 1986 (Bollt), and to approve a Maintenance Agreement with the Bryan W. Paul
Family Limited Partnership (Agreement).
CONSIDERATIONS: BoHt has offered to convey 62.63 +/ acres of canals and small reservoir
(hereafter "Canals ") to Collier County by donation in accordance with the terms attached to the
deed. The subject Canals total approximately 2.2 miles in length and currently function as the
stormwater receiving facility (outfall) for a drainage basin contributing area totaling approximately
890 acres.
By acceptance of the deed, the County will be able to provide public access points to the County's
future Big Corkscrew Island Regional Park, a portion of which is currently landlocked. The Canals
also have been identified as a future outfall for the County -owned park and the future County utility
site.
The County's acceptance of this deed and subsequent ownership of *the canal and reservoir
system also 'benefits the public by ensuring -a functional canal system for the County, the
Orangetree PUD community, Roberto Bollt, Successor Trustee, and the three schools within the
PUD that also serve as that area's hurricane shelters.
By acceptance of the deed, the County agrees to the following terms:
1) The affirmative duty to operate and maintain the canals and reservoir system;
2) That the lands are part of an integrated overall master stormwater system serving Orangetree
PUD and other developments;
3) That Roberto Bollt, Successor Trustee, and his successors and assigns, has the right to
discharge stormwater drainage and surface water discharge into the canals and reservoir from
any property he owns, has owned or will own within the Orangetree PUD. This includes the
right of access;
4) That the County will reasonably cooperate with Roberto Bollt regarding the rights reserved in
the deed by Roberto Bollt;
5) That Roberto Bollt has made no environmental representations or warranties regarding the
lands and reservoir; and
6) That the County will hold harmless and indemnify Roberto Bollt, Successor Trustee, and his
successors and assigns, from environmental contamination of the canals and reservoir and
adjacent lands which involve, arise from or pertain to the Canals, except for claims based
solely upon acts. of Roberto Bollt, Successor Trustee, or his agents and employees.
Packet Page -948-
10/11/2011 Item 16.E.7.
Portions of the Canals are highly vegetated. An initial clean -out by the County is estimated at
� $60,000. The South Florida Water Management District ( SFWMD) Big Cypress Basin Board has
agreed to share resources for the initial vegetative clean -out of the Canals. SFWMD's Minutes from
their February 25, 2011 Meeting accompany this Executive Summary. (In the event that the
SFWMD does not fulfill the oral commitment, the County could be responsible for the full estimated
$60,000 cost for the initial vegetative clean -out.)
The County's due diligence includes obtaining a title commitment, Phase I environmental
assessment, specific purpose partial survey, an appraisal, and a complete disclosure of the
permits affecting the Canals and confirmation that those permits are in compliance and able to be
transferred to the County. The Phase 1 environmental assessment revealed several potential point
sources of potential contamination that required further investigation and resolution in order to
provide the County the protection warranted. The recommended remediation is contained in the
Pollution Control & Prevention Department Report dated August 23, 2011. The cost to remediate
the point sources is estimated to be approximately $15,000. Pursuant to existing easement
agreements between Bollt and the Partnership, the Partnership operates a citrus grove in and
around the Canals. The potential environmental point sources that require remediation are
associated with the citrus grove. The Partnership is willing to perform the environmental
remediation within 60 days of the conveyance to County in accordance with the attached
Maintenance Agreement.
Bollt has orally agreed to cooperate with the transfer or modification of any permits over the
Canals. In addition, Bollt advised that this donation would be the basis for a tax deduction filing and
asked for the County's in -house appraiser to prepare an appraisal to be used in his tax filing. The
in -house appraisal valued the Canals at $87,682 as of February 7, 2011.
^ FISCAL IMPACT: The total costs for recording the required documents, obtaining necessary
certified copies, title commitment, title policy, survey, and Phase I environmental assessment will
not exceed $8,000. (The costs for the title commitment, survey and Phase I environmental
assessment have been paid.) The anticipated cost for transfer of the SFWMD permit is $1,500.
Funds in the amount of $9,500 are available in Parks and Recreation Capital Fund (306). The
anticipated costs relating to one -half of the initial vegetative clean -up totals approximately $30,000.
GROWTH MANAGEMENT IMPACT: The conveyance of these facilities is consistent with the
Growth Management Plan.
LEGAL CONSIDERATIONS: The attached Agreement has been approved for form and legal
sufficiency. This item requires a majority vote for approval. -HFAC
RECOMMENDATION: Staff is recommending that the Board:
1) Accept the deed; and
2) Approve the attached Maintenance Agreement and authorize the Chairman to execute the
Maintenance Agreement.
Prepared By: Sue Jim Zimmerman, Property Acquisition Specialist, Real Property Management, Department
of Facilities Management and Heidi Ashton - Cicko, Assistant County Attorney
Attachments: Location Maps; SFWMD 2/25/11 Minutes; Maintenance Agreement; and Trustee's Deed.
CP\11 -PRC- 01793 \118
Packet Page -949-
10/11/2011 Item 16.E.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.7.
Item Summary: Recommendation to accept a deed of conveyance of 62.63 acres +/- of
canals and small reservoir within the Orangetree PUD providing for future access to a park site,
additional surface water management area for the planned county public utility site and
operation and maintenance of the area's stormwater management outfall system, and to
approve a Maintenance Agreement.
Meeting Date: 10/11/2011
Prepared By
Name: ZimmermanSue
Title: Property Acquisition Specialist,Facilities Management
10/3/20114:26:17 PM
Submitted by
Title: Property Acquisition Specialist,Facilities Management
Name: ZimmermanSue
10/3/20114:26:18 PM
Approved By
Name: RamseyMarla
Title: Administrator, Public Services
Date: 10/4/2011 10:53:56 AM
Name: MottToni
Title: Manager - Property Acquisition & Const M,Facilitie
Date: 10/4/2011 12:36:08 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 10/4/2011 1:40:09 PM
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & C
Packet Page -950-
'*-IN, Date: 10/4/20112:04:23 PM
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & C
Date: 10/4/20112:17:02 PM
Name: YilmazGeorge
Title: Director - Wastewater,Wastewater
Date: 10/4/20112:29:50 PM
Name: AshtonHeidi
Title: Section Chief/Land Use- Transportation,County Attor
Date: 10/4/20114:24:12 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/4/20114:49:30 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 10/5/2011 11:37:40 AM
Name:OchsLeo
Title: County Manager
Date: 10/5/2011 12:32:37 PM
Packet Page -951-
10/11/2011 Item 16.E.7.
1.
2.
3.
4.
South Florida Water Management District
BIG CYPRESS BASIN BOARD
REGULAR MEETING MINUTES
February 25, 2011
9:00 AM
Collier County Government Center
Commission Chamber, Bldg F, 3Rd Fir, Naples, Fl- 34112
Attendee Name
Title Status Arrived
_Charles J Dauray _
Chair Absent
John Sorey _
Vice Chair Present
Noah Standridge
_._
Present
Fred Thomas
!' Present
John Vaughn
Present
Call to Order - Chair, Big Cypress Basin Board
In the absence of Chairman Charles Dauray, Mr. John Sorey, Vice Chair, called the
meeting to order at 9:00 a.m.
Pledge of Allegiance
Mr. Sorey led the Pledge of Allegiance.
Approval of Minutes
- December 10, 2010 Big Cypress Basin Board Meeting Minutes
Motion made by Noah Standridge, seconded by John Vaughn to Approve the December
10, 2010 Big Cypress Basin Board Meeting Minutes. Vote called. Voting yes: Noah
Standridge, John Sorey and John Vaughn. Motion passed.
- December 10, 2010 Big Cypress Basin Workshop Minutes
Motion made by Noah Standridge, seconded by John Vaughn to Approve the December
10, 2010 Big Cypress Basin Workshop Minutes. Vote called. Voting yes: Noah
Standridge, John Sorey and John Vaughn. Motion passed.
Agenda Addendum
No addendum to the agenda.
1
Big Cypress Basin Board Meeting Minutes "' -' ' ' "' ' r Management District - February 25, 2011
Packet Page -952-
10/11/2011 Item 16.E.7.
5. Abstentions by Board Members from Items on the Agenda
No abstentions by Board Members form Items on the Agenda of the Big Cypress Basin
Meeting of February 25, 2011.
6. A Resolution for Commendation of Pamela S. Mac'Kie as Past Big Cypress Basin Board
Member served from June 19, 2009 until her resignation effective December 15, 2010.
(Clarence S. Tears, Jr., Director, Big Cypress Basin, Ext. 7601)
Mr. Tears read the Resolution and presented a plaque to Pamela S. Mac'Kie for her
service on the Big Cypress Basin Board.
Motion made by John Vaughn, seconded by Noah Standridge to Approve the following
item: 6
Vote called. Voting yes: Noah Standridge, John Sorey, John Vaughn, and Fred
Thomas. Motion passed.
7. Collier County's request for assistance for Bollt Canal improvements. (Jerry Kurtz,
Stormwater Manager, Collier County Wtormwater Environmental Planning Review
Section of the Growth Management Division.)
Jerry Kurtz, of the Collier County Stormwater and Environmental Planning Section of
the Growth Management Division, provided a presentation of the Bollt Canal area to
request both financial and manpower support by Big Cypress Basin /SFWMD to clean
and maintain the canal since this effort would assist in water flow to the primary system.
The Basin spent $73,000 cleaning out a section of the canal in 2006 due to Tropical
Storm Ernesto. It is overgrown again and the County is requesting further support.
Commissioner Coletta also requested that a cooperative agreement be presented for
financial support from the District to access the area lake for recreational purposes.
Mr. Kurtz stated that a cost share of $60,000 would be for the clean out effort since this
would be a water quality effort in this area and recommends Basin Board approval.
Mr. Sorey voiced a motion that subject to the County assuming possession of the land,
the Basin Board would enter into an agreement with the County under the terms of
which the County would provide equipment and the Big Cypress Basin would provide
labor, to clear the choke points on a temporary basis. The Basin Board is
recommending that the County move forward in making this an available recreation
area and to look at how, through a joint project, we might impact water quality in the
area.
Motion made by John Sorey, seconded by Fred Thomas to approve the referenced
motion. Vote called. Voting yes: Noah Standridge, John Sorey, John Vaughn and Fred
Thomas. Motion passed.
2
Big Cypress Basin Board Meeting Minutes " " — ' ' "' ' r Management District — February 25, 2011
Packet Page -953-
10/11/2011 Item 16.E.7.
New Business/Workshop
Regulatory and Public Affairs
8. Project Update Presentation of Everglades City's Water Management System Master
Plan Implementation; Phase I: Water Treatment Improvements Program (Jennifer L.
Woodall, P.E., Vice President, TetraTech, Engineering and Architectural Services)
Ms. Jennifer Woodall, Vice President of TetraTech Engineering and Architectural
Services, provided an update on the Everglades City's 20 year water management
master plan. Ms. Woodall indicated that the existing service area of Everglades City,
portions of Copeland; Chokoloskee and Plantation Island do not comply with the State
and Federal standards. If additional treatment is needed, recommended capital
improvements would be to construct exploratory wells, design and construct new water
treatment facilities; interconnect to the Lee Cypress water system, renew a consumptive
use permit and plan for maintenance improvements. The overall water management
capital improvements program would be approximately $1.7 million under a 5 year
capital improvement program. The City is also applying for grants.
John Sorey suggested that a message be delivered to the Everglades City residents
that the District will support their efforts, but they also will have to consider a viable plan
for a water rate increase.
Ms. Woodall also mentioned that the reasons that Everglades City scored so highly in
the Grant funding program is that they are below the average water rates.
9. Overview of Regional Water Supply in the Big Cypress Basin Watershed (Clarence
Tears, Director, Big Cypress Basin, Ext 7601; Mark Elsner, Division Director, Water
Supply, Ext. 6156; Jayantha Obeysekera, Dept Dir, Hydrologic & Environmental Systems
Modeling, Ext 6503; Kim Shugar, Dept Director, Intergovernmental Programs, Ext 6016)
Clarence Tears opened the Workshop discussion with an introduction on Big Cypress
Basin's strategic priorities for water supply.
Mr. Mark Elsner, Director, Water Supply Development Division, presented to the Board
an update of the Lower West Coast Water Supply Plan ( LWCWSP), along with a current
and future outlook at water needs, water demands and needs of the environment. The
LWCWSP planning area includes portions of Collier, Charlotte, Glades, Hendry and Lee
counties. The plan is updated every 5 years to stay current in the region. The District
updates the water supply plan in close coordination with the local governments and
stakeholders through public meetings with good participation. They also coordinate with
other water management districts; then go back to local officials with recommendations.
Ms. Terrie Bates added that the District then reviews activities and establishes a
process; then sets criteria for them to follow.
Mr. Tom 011iff explained that although according to the public perception we are running
out of water, Florida has plenty water, but it's not cheap water and in order to preserve
green spaces, we need to find more alternative sources of water through treatment and
technologies. Also, public education helps make people aware of the issues.
3
Big Cypress Basin Board Meeting Minutes "" ' ' "' ' r Management District— February 25, 2011
Packet Page -954-
10/11/2011 Item 16.E.7.
Jayantha Obeysekera, Department Director, Hydrologic & Environmental Systems
�-. Modeling Division (HESM) gave an update on the role that HESM plans in modeling
support to Big Cypress Basin (BCB). The goal is to provide technically sound modeling
for hydrologic - hydraulic assessment of short and long range planning, construction and
operation of BCB projects. The Basin staff initiated the Integrated Surface and
Groundwater Models, the Saltwater Intrusion Model and BCB Real Time Hydrologic
Monitoring and Modeling System. The Basin was the first area to develop the real -time
flooding /model system. He stressed that data gap is a big issue and it plays an
important role in acquiring information for the models. They are working at improving
the data gaps. The modeling group is also investigating the movement of saltwater
intrusion in this region.
Mr. Sorey stated that the County and the City of Naples may have the data that is
needed, he suggested that they look into sharing data in areas that are missing.
Kim Shugar, Department Director, Intergovernmental Programs, presented an update to
Climate Change on vulnerabilities and adaptations of sea leave rise. She indicated that
by the end of Fiscal Year 2011, the District should be able to finalize saltwater interface
maps for lower west coast aquifer, and also evaluate and make recommendations on
the existing monitoring network.
Mr. Thomas stated that the recharge area for Immokalee is in central Florida; what is
being done to monitor that region? The surficial flow is two counties away. Is there
communication with other water management districts?
Ms. Shugar reported that'yes' they stay in communication with the other districts.
Mr. Sorey stated that the local governments also look at the sea level rise elements and
those elements should be added to the strategic plan.
Mr. 011iff reported that they are looking at the various counties' comprehensive plans.
Mr. Sorey suggested that they work at providing a formal plan.
Ms. Bates reported that they coordinate with other districts who have common
reclaimed systems and use the same mechanisms.
Mr. Sorey suggested that a future agenda item be added to brief the Board members on
other district agreements.
Ms. Shugar reported that they have a 'talking point' plan to go to all local governments
and counties to talk about the resource water issues. She also noted that within 18
months after adopting a water supply work plan, they adopt the Capital Improvement
Project (CIP) plan; then the consumptive use plans.
Standard Business
10. Public Comment
No Public Comments.
4
Big Cypress Basin Board Meeting Minutes "" —' ' ' "' r Management District — February 25, 2011
Packet Page -955-
10/11/2011 Item 16.E.7.
Staff Reports
11. Contract Account Report ^
12. Financial Reports
13. Hydrologic Report
14. Staff Activity Report
Mr. Stephen Ladd, Director Big Cypress Basin Field Operations, reported that the
Cocohatchee Weir No. 1 gate overhaul is due to be completed by March 8th, and the
Golden Gate #1 repairs are scheduled for completion before rainy season.
Mr. Tears requested Mr. 011iff to give an update on impending budget issues.
Mr. 011iff reported that the Governor's budget presentation indicated a 25% reduction of
revenues for all water management districts for 2 years. Staffs interpretation is that the
revenue would be going through another reduction, same as the tax reform in 2008. He
concluded that the State will be looking at 'reserves' of all water management districts,
with an expectation to live off of reserves for the next two years.
Mr. Sorey stated that he feels the Legislature will need to improve the Governor's plan.
Mr. Thomas requested that Mr. 011iff create a summary of the Governor's plan and
provide it to the Basin Board members.
Mr. 011iff agreed that he would email the summary to them. He also mentioned that
District staff will be meeting with the Governor's staff for 4 hours to review budget on
flood protection and Everglades Restoration Capital Project funding. There may be a
need to set aside the Picayune Strand Restoration Project for the time being. The
Corps of Engineers will continue construction projects though, if at all possible.
Mr. 011iff added that the latest projection for Collier County is a 4% tax reduction.
Mr. Sorey reported that City of Naples came out at a tax reduction of 3 -5 %.
Mr. Tears reported the region is in a severe drought and wanted to focus on
conservation.
Mr. Tears also reported that the construction bid came in under budget at $1.164 million
for the construction contract of the new Golden Gate 6& 7 structures.
15. Board Comment
A. Noah Standridge
Mr. Standridge asked if there is an incentive program for local contractors.
Mr. Sorey indicated that there was a workshop with local vendors and referred to Frank
Bartolone. Attorney Bartolone reported that legally the District can't do a local
preference selection within the procurement enterprise program.
5
Big Cypress Basin Board Meeting Minutes "" ' ' "' ' r Management District — February 25, 2011
Packet Page -956-
10/11/2011 Item 16.E.7.
Adjournment
16. Adjourn
Mr. Sorey adjourned the meeting at 11:38 a.m.
John F. Sorey III, Vice Chair,
Big Cypress Basin Board
Noah Standridge, Secretary,
Big Cypress Basin Board
(Corporate Seal)
6
Big Cypress Basin Board Meeting Minutes "" - -' ' ' "' ' r Management District - February 25, 2011
Packet Page -957-
10/11/2011 Item 16.E.7.
This Instrument Prepared by: n
Marshall J. Emas, Esq.
Shutts & Bowen LLP
200 East Broward Boulevard
Suite 2100
Ft. Lauderdale, Florida 33301
TRUSTEE'S DEED
(Bollt/Collier County /Canals and Small Reservoir)
THIS TRUSTEE'S DEED made this 27th day of September, 2011, by ROBERTO
BOLLT, individually and as Successor Trustee under that certain Land Trust Agreement dated
January 27, 1986 recorded in Official Records Book 1347, Page 2331, and amended June 26,
1996, and recorded in Official Records Book 2250, Page 1827, both of the Public Records of
Collier County, Florida, whose mailing address is c/o Orangetree Associates, 4500 Executive
Drive, Suite 110, Naples, Florida 34119, (hereinafter referred to as "Grantor") to COLLIER
COUNTY, a political subdivision of the State of Florida, whose post office address is 3299
Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112
(hereinafter referred to as "Grantee ").
WITNESSETH: That said grantor, for and in consideration of the sum of Ten and No /100
Dollars ($10.00), and other valuable considerations, receipt whereof is hereby acknowledged,
hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all
that certain land (the "Lands ") situate in Collier County, Florida, to wit: See Exhibit "A"
attached hereto and made a part hereof.
This property is not the homestead of the Grantors.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or
in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever, subject to taxes, covenants,
conditions, easements, restrictions, agreements, plats and reservations of record.
SAVING AND RESERVING UNTO GRANTOR, its successors and assigns, the rights and
reservations set forth on Exhibit "B" attached hereto and made a part hereof.
AND GRANTEE, its successors and assigns, by acceptance of this Deed, hereby agrees to the
matters set forth on Exhibit `'D."
GRANTOR COVENANTS with Grantee that Grantor has good right and lawful authority to
sell and convey the property and Grantor warrants the title to the property for any acts of Grantor
and will defend the title against the lawful claims of all persons claiming by, through or under
Grantor, but none other.
(The terms "Grantor" and 'grantee" herein shall be construed to include all genders and
singular or plural as the context indicates)
FTLDOCS 5698053 5
9/27/11
Packet Page -958-
10/11/2011 Item 16.E.7.
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and
year first above written.
bJ60..f
(Print Name)
A--)
ature)
(Print Name)
STATE OF FLORIDA
COUNTY OF COLLIER
BOLLT, individually and as
Trustee under Land Trust
Agreement dated January 27, 1986, recorded in
O.R. Book 1347, Page 2331, and amended June
26, 1996, and recorded in O.R. Book 2250,
Page 1827, both of the Public Records of
Collier County, Florida
The foregoing Trustee's Deed was acknowledged before me this 27th day of September,
2011, by Roberto Bollt, individually and as Successor Trustee under Land Trust Agreement dated
January 27, 1986, recorded in Official Records Book 1347, Page 2331, and amended June 26,
1996, and recorded in Official Records Book 2250, Page 1827, both of the Public Records of
Collier County, Florida, who is personally known to me.
(Signature of Notary Public)
Commission Expires;
FTL DOGS 5698053 5
9/27111
IUMBERLY PEARCE VWLBER
CONASSIM i EE 103974
EXPIRES: June 28, 2015
10*d Un � Public 6;"t.
Kimberly Pearce Wilber, Notary
Packet Page -959-
EXHIBIT i°A"
FTLDOCS 5698053 5
9/27/11
LEGAL DESCRIPTION OF PROPERTY
Packet Page -960-
10/11/2011 Item 16.E.7.
10/11/2011 Item 16.E.7.
{
12 7
.. ... ..- ..._..- ...�,......,14 P.O.C. .,...-...._.,.......-"..._..— .....- ........,...�...,.....� ..--13 to
6 Mlra•[K il[ea0'
P.0.8. taR.e, laax v 10021
{ wrsr all.[" „ t.Ne1t .a4
IN' raml Yalnhem,rr Em,~ (O.R.e, 1433 ► phPotl 'tf
.aaMM� xs1.1�� WN'2fv 1plur 91 ii; 1' lr
,.,,.•�� r.,. r,t r1s. I
SURVEYOR'S DEPORT /NOTES
1. Bearings ore based on West line of Section
g
13 being S02'06'57"W.
a ! RE9[RVOR 20
2. This property is subject to any foots that may
�
-4
{ 0.R e00A I"a,
be reveoled with a t.11 and accurate title search.
' 'oui� C
3. All dimansions are in foot and decimals
thereof, unless otherwise noted.
{
4. Subject to easements, reservations and
restrictions of record.
{ 3
,Rooms j $$
LEGEND
i
POO - POINT OF BEGINNING
POC'- POINT OF COMMENCEMENT
VRPIAn V
1
SURVEYOR'S CERTIFICATE
{
FOR THE EXCLUSNE Meg a,-
'.
{
COLLIER COUNTY UTILITIES OIlieAlIlVINT
WLL A04
Molonry;' P :1,t, rOR' ?ItE FUiA�
UC. N0. 4
a 21b t000
NOT VALID WI'MO ioNATtiRE,Ar"1q
THE ",Oe1AL ,'DF•.A'I`LORIOA
GRAPHIC SCALE
LICENSED SURVEYOR AND MAPPF,R
DESCRIPTION
ALL OF THOSE LANDS. DESCRIBED IN EXHIBIT 'Cr AND EXHIBIT 'Cr IN OFFICIAL RECORDS BOOK 1433, PAGES 509 -519 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA; TOGETHER WITH THAT LAND DESCRIBED IN IN OFFICIAL RECORDS BOOK 1322, PAGES
1897 -1903 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; BEING PORTIONS OF SECTIONS 13 AND 14, TOWNSHIP 48 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCING AT THE NORTHWEST CORNER OF SECTION 13. TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE
SOUTH 02'06'57- WEST ALONG THE WEST LINE OF SAID SECTION 13, A DISTANCE OF 1060.76 FEET TO A POINT ON THE NORTH LINE
OF TO THOSE LANDS DESCRIBED 7-N EXH18TT '0' IN OFFICIAL RECORDS BOOK 1433, PAGES 509 -519 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, AND THE POINT OF BEOINNINGI
THENCE NORTH 78'51'16' EAST ALONG SAID NORTH LINE, A DISTANCE OF 431.02 FEET; THENCE CONTINUING ALONG SAID NORTH LINE
SOUTH 88'O8'24' EAST, A DISTANCE.OF 511.83 PEET TO THE SOUTHWEST CORNER OF THOSE LANDS DESCRIBED IN EXHIBIT "S' IN
OFFICIAL RECORDS 800K 1322, PAGES 1$97 -1903 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 01'51'36"
EAST ALONG THE WEST BOUNDARY LINE OF SAID EXHIBIT "R'. A DISTANCE OF 480.00 FEET TO THE NORTHWEST CORNER OF SAID
EXHIBIT "B"; THENCE SOUTH 85'08'24" EAST ALONG THE NORTH LINE OF SAID EXHIBIT 'B", A DISTANCE OF 2.150.00 FEET TO THE
NORTHEAST CORNER OF SAID EXHIBIT 'B"; THENCE SOUTH 01'51'36" WEST ALONG THE EAST LID£ OF SAID EXHIBIT 0 , A DISTANCE OF
450.00 FEET TO A POINT ON THE NORTH LINE OF THOSE LANDS DESCRIBED IN EXHIBIT 'D' IN OFFICIAL RECORDS 800K 1DIST PACES
$09 -519 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTH 88'0$'24' EAST ALONG SAID NORTH LINE, A
DISTANCE OF 2,255.22 FEET TO A POINT ON THE WEST LINE OF NORTH GOLDEN GATE CANAL RICHIT -OF -WAY;, THENCE ALONG SAID
WEST LINE SOUTH 01'49115' WEST ALONG SAID WEST LINE, A DISTANCE OF 150,00 FEET TO THE SOUTHEAST CORNER OF SAID EXHIBIT
'0"; THENCE NORTH BB'OB'24 WEST ALONG SAID SOUTH LINE, A DISTANCE OF 3,729.37 FEET TO THE NORTHEAST CORNER OF THOSE
LANDS DESCRIBED IN EXHIBIT 'C' IN 'OFFICIAL RECORDS BOOK 1433, PAGES 509 -519 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE SOUTH 01'49'15" WEST ALONG THE WT LINE OF SAID DESCRIBED LANDS, A DISTANCE OF 4.173.91 FEEL TO A
PRINT ON THE NORTH RIGHT -OF -WAY LINE OF OIL WELL ROAD; THENCE NORTH 8$'05.56" WEST ALONG SAID NORTH. RIGHT -OF -WAY
LINE, A DISTANCE OF 150.00 FEET T6 THE SOUTHWEST CORNER OF SAID DESCRIBED LANDS; THENCE &ORTH 01'49'15" EAST ALONG
THE WEST LINE OF SAID DESCRIBED LANDS. A DISTANCE OF 4,173.80 FEET TO THE SOUTH LINE OF THOSE LANDS DESCRIBED IN
EXHIBIT 'Cr IN OFFICIAL RECORDS BOOK 1433, PACES 509 -519 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE
NORTH 88'08124' WEST ALONG SAID SOUTH LINE. A DISTANCE OF 1,01$,02 FEET; THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH
78'51'16" WEST, A DISTANCE OF 452.42 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 13; THENCE CONTINUE SOUTH
76'51'16" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 2,213.79 FEET TO THE SOUTHWEST CORNER OF THOSE LANDS DESCRIBED IN
SAID EXHIBIT "0'; THENCE NORTH 01'53'16" EAST ALONG THE WEST LINE OF SAID EXHIBIT 'e, A DISTANCE OF 155.32 FEET TO THE
NORTHWEST CORNER OF SAID EXHIBIT '0" THE19CE NORTH 76'51'15' FAST ALONG THE NORTH LINE OF SAID EXHIBIT "O', A DISTANCE
OF 2,214.66 FEET TO THE POINT OF BEGINNING.
CONTAINING 62.63 ACRES, MORE OR LESS
REV 2 REVISED 02- 24-11. LTM - COUNTY COMMENTS
REV 1 REVISED SOU'MERLY MOST DEARMO 07/07
SKETCH & DESCRIPTION OF
A PORTION OF
SECTIONS 13 &_ 14, T- 46-S., R- 27 -E,,
This is NOT a Survey.
anctl DRAw1N0 IHDDI N0: .... .. R
TASX6 . TUD AJii tOG- 55,dlre O4550- Oii -pOD I or ] IMO ]Ns
Packet Page - 961 - I_.z,w, :...W assr)aNex ,g+J'v \7u011 iCf.S tiw0
10/11/2011 Item 16.E.7.
EXHIBIT °B"
RIGHTS AND RESERVATIONS OF GRANTOR
Grantee and its successors and assigns, by acceptance of this Deed, hereby assumes the
responsibility for the maintenance and operation of the canal and reservoir system located upon
the Lands including, without limitation, their compliance with applicable laws, rules and
regulations.
Grantee acknowledges that: (i) the Lands lie within the "Orange Tree PUD" (the "Orange Tree
PUD "), as more particularly described on Exhibit "B -1" attached hereto, being developed by
Grantor and consist of waterways which are used by Grantor and others to serve and operate the
Orange Tree PUD, and by members of the public and others, and serve as storm water drainage
and storage areas available for use by projects in which Grantor has an interest, and by projects in
which Grantor has no interest; (ii) the Lands are part of an integrated, overall "master" storm
water drainage system serving the Orange Tree PUD and other developments, are incorporated
into and a necessary part of the drainage system for the Orange Tree PUD, and connect to many
other lakes, water storage and water areas; and (iii) Grantee and/or others own the real property
adjacent and contiguous to the I.,ands.
Grantor hereby reserves, for itself, its successors and assigns, and for all predecessors in title, the
right to discharge storm water drainage and surface water (in the past, presently and in the future)
into the Lands from any and all properties (the "Benefited Properties ") within the Orange Tree
PUD being developed by Grantor, and the right of ingress and egress over and about the Lands
for such purposes. The Benefited Properties include, without limitation: (i) those properties
benefited from the reservations in favor of the Grantor, and the easement rights in favor of the
Grantee, described in the Easement Agreements recorded in Official Records book 1322, Page
1897, and Official Records Book 1433, Page 509, all of the Public Records of Collier County,
Florida; (ii) those properties which currently benefit from, or have in the past benefited from, the
discharge of storm water or surface water into the Lands, or into other properties which directly
or indirectly drain into, or are served by, the Lands; (iii) properties for which Grantor, pursuant to
recorded plats in the Orange Tree PUD, or under permits, licenses and approvals issued by
applicable governmental authorities, retained storm water management or storm water drainage
maintenance obligations or responsibilities; and (iv) properties encumbered by any recorded
declaration under which Grantor, initially, or as a successor in title, served as "Declarant" and for
which Grantor or any successor property owners' association and/or homeowners' association
has stone water management or storm water drainage maintenance obligations or
responsibilities. Grantee shall not act in any manner which would block, obstruct, impair,
impede, disrupt or interfere with the discharge of storm water or surface water into the Lands.
Grantee will reasonably cooperate with Grantor, its employees and agents, to facilitate the
Grantor's exercise of the rights it has reserved in this Deed.
FTLDOCS 5698053 7
10/3/11
Packet Page -962-
10/11/2011 Item 16.E.7.
Grantee acknowledges that the Lands are being conveyed in their existing condition, "as is,"
without any representation or warranty of Grantor or of any nature whosoever, express or
implied, oral or written, except as set forth in this Deed. Grantee acknowledges that it is not
entitled to rely upon Grantor or Grantor's agents or employees with respect to the quality, nature,
adequacy or physical condition of the Land's soils, ground water, utilities, habitability,
merchantability or fitness, suitability, zoning or compliance of the Land and its operations with
any applicable codes, laws, regulations, statutes, ordinances, covenants or conditions, or the
quality of labor or materials relating to the Land. GRANTEE ACKNOWLEDGES THAT,
EXCEPT AS SET FORTH IN THIS DEED, GRANTOR HAS NOT MADE, AND WILL NOT
MAKE, ANY WARRANTIES OR REPRESENTATIONS, AND THAT NONE ARISE BY
OPERATION OF LAW, WITH RESPECT TO ANY MATTER RELATING TO THE LAND
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF CONDITION,
MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR USE OR
PURPOSE, OR WITH RESPECT TO THE VALUE, PROFITABILITY OR MARKETABILITY
OF THE PROPERTY. GRANTEE ACKNOWLEDGES THAT, EXCEPT AS SET FORTH IN
THIS DEED, GRANTOR HAS NOT MADE, AND WILL NOT MAKE, ANY
REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LAND'S
ENVIRONMENTAL CONDITION OR COMPLIANCE WITH ANY ENVIRONMENTAL
LAWS OR REQUIREMENTS INCLUDING, WITHOUT LIMITATION, THOSE
PERTAINING TO THE EXISTENCE, REMOVAL OR THE HANDLING, GENERATING,
TREATING, STORING OR DISPOSING OF ANY HAZARDOUS OR TOXIC WASTES OR
MATERIALS.
Grantee, for itself and its successors and assigns, does hereby release and discharge Grantor (and
Grantor's heirs, personal representatives, beneficiaries, partners, affiliates, related parties, agents,
employees, successors and assigns) (collectively, the "Releasees ") from and against any and all
claims, demands, actions, causes of action, liabilities, attorneys' fees at trial and appellate levels,
and costs and expenses of any nature whatsoever (including, without limitation, any right to
damages, indemnity, contribution or any other remedy) which involve, arise from or pertain to
the Lands or the physical condition or nature of the Lands and which are based, in whole or in
part, directly or indirectly, upon any contamination of, or presence in, on or under the Lands or
adjacent lands, of any hazardous or toxic wastes or materials of any kind or nature whatsoever
(all of the foregoing are, collectively, the "Claims "). Grantee does hereby agree to defend,
indemnify and hold the Releasees (and each of them) harmless, to the extent permitted by
applicable law, from and against the Claims, except to the extent of a Claim based solely upon
the acts of Grantor, its agents or employees, in violation of applicable laws, rules and regulations.
Grantee acknowledges that the conveyance of the Lands is a charitable donation by Grantor to
the Grantee. Grantee shall pay for all costs of recording this Deed, including any documentary
stamp tax due or payable
Grantor has executed this Deed on behalf of the trust ( "Trust ") for which he serves as trustee
( "Trustee ") solely in the capacity of trustee and not individually. Therefore, notwithstanding
anything to the contrary contained in this Deed, the parties agree that (i) all covenants,
agreements, undertakings and other obligations of the Grantor are not intended to impose, and
FTLDOCS 5698053 7
10/3/11
Packet Page -963-
10/11/2011 Item 16.E.7.
shall not be construed as imposing, any personal or other liability upon Trustee and are solely
those of (and shall be performed by) the Trust; (ii) this Deed has been executed by Trustee as a
trustee for the Trust, pursuant to the authority conferred upon him by the agreements governing
the Trust and without imposing upon him any liability or obligations; and (iii) no party shall have
any claim, demand, action or cause of action whatsoever against Trustee (or against any assets or
properties other than those of the Trust) arising out of or relating to this Deed or the transaction
contemplated hereby and shall look solely to the Trust for matters involving same.
The provisions of this Exhibit `B" shall constitute a covenant running with the Lands and shall
be binding upon the successors and assigns of Grantee, and inure to the benefit of the Grantor
and its successors and assigns.
FTMOCS 5698053 7
10%3/11
Packet Page -964-
10/11/2011 Item 16.E.7.
EXHIBIT "B -1"
LEGAL DESCRIPTION OF ORANGE TREE PUD
A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING
IN SECTIONS 11, 12, 13, 14, 22, 23, 24, 25, 26 AND 27, TOWNSHIP 48 SOUTH, RANGE 27 EAST, AND
BEING FURTHER DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 14, TOWNSHIP 48 SOUTH, RANGE 27
EAST; THENCE N.89 °30'54 "E. ALONG THE NORTI•I LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 14 FOR 50.00 FEET TO THE EASTERLY RIGHT -OF -WAY LINE OF IMMOKALEE ROAD (STATE
ROAD 846); THENCE N.00'25'1 6"W. ALONG SAID EASTERLY RIGHT -OF -WAY LINE FOR 269.21 FEET TO
THE SOUTHWEST CORNER OF GOLDEN GATE ESTATE UNIT 59, A SUBDIVISION RECORDED IN PLAT
BOOK 7 AT PAGE 61 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND TO THE POINT
OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE N.89 °33'04 "E. ALONG THE SOUTH LINE
OF SAID GOLDEN GATE ESTATES UNIT 59 FOR 5294.24 FEET; THENCE N.89 °33'04 "E. ALONG THE
SOUTH LINE OF SAID GOLDEN GATE ESTATES UNIT 59 AND GOLDEN GATE ESTATES UNIT 60, A
SUBDIVISION RECORDED IN PLAT BOOK 7 AT PAGE 62 OF SAID PUBLIC RECORDS FOR 5328.02 FEET
TO THE WEST LINE OF A 80 FOOT WIDE DRAINAGE CANAL RIGHT -OF -WAY; THENCE S.00 °29'17 "E.
ALONG THE WEST LINE OF SAID DRAINAGE CANAL RIGHT -OF -WAY FOR 1364.99 FEET; THENCE
S.89 033'04 "W. FOR 3729.37 FEET; THENCE S.00 °29'17 "E. FOR 4173.91 FEET; THENCE S.00 °29'17 "E. FOR
50.00 FEET; THENCE N.89 °35'32 "E. FOR 302.18 FEET; THENCE S.00 °24'28 "E. FOR 50.00 FEET; THENCE
S.00 024'28 "E. FOR 850.00 FEET; THENCE S.39 °58'35 "E. FOR 255.00 FEET; THENCE S.50 °28'3 VE. FOR 630.00
FEET; THENCE S.31 029'32 "E. FOR 299.99 FEET; THENCE S.47 °05'12 "E. FOR 686.83 FEET; THENCE
N.81 °45'28 "E. FOR 230.00 FEET; THENCE S.88'1 7'04"E. FOR 645.91 FEET; THENCE S.5803 1'32"E. FOR
1010.00 FEET; THENCE N.89 °30'43 "E. FOR 400.02 FEET; THENCE S.00 °29.17 "E. FOR 2762.49 FEET TO THE
NORTH RIGHT -OF -WAY LINE OF RANDALL BOULEVARD (100 FEET WIDE); THENCE S.89 032'17 "W.
n ALONG SAID NORTH RIGHT -OF -WAY LINE FOR 12294.08 FEET TO THE BEGINNING OF A
TANGENTIAL CURVE CONCAVE EASTERLY HAVING A RADIUS OF 50.00 FEET; THENCE NORTHERLY
133.90 FEET ALONG THE ARC OF THE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF
153 026'18 ", BEING SUBTENDED BY A CHORD THAT BEARS N.13 044'34 "W. AT 97.33 FEET TO THE
EASTERLY RIGHT -OF -WAY LINE OF 1MMOKALEE ROAD (STATE ROAD S -846 -100 FEET WIDE) TO A
POINT OF REVERSE CURVATURE CONCAVE WESTERLY HAVING A RADIUS OF 2914.93 FEET; THENCE
NORTHERLY ALONG SAID EASTERLY RIGHT -OF -WAY 3321.37 FEET ALONG THE ARC OF THE CURVE
TO THE LEFT THROUGH A CENTRAL ANGLE OF 65 °17'05 ", BEING SUBTENDED BY A CHORD THAT
BEARS N.30 020'03 "E. AT 3144.59 FEET; THENCE N.02'1 8'30"W. ALONG SAID EASTERLY RIGHT -OF -WAY
FOR 2561.80 FEET; THENCE N.01 0 17'15 "E. ALONG SAID EASTERLY RIGHT -OF -WAY FOR 2895.93 FEET;
THENCE N.01 009'1 5"E. ALONG SAID EASTERLY RIGHT -OF -WAY FOR 2591.18 FEET; THENCE
N.00 025'16 "W. ALONG SAID EASTERLY RIGHT -OF -WAY FOR 269.95 FEET TO THE POINT OF
BEGINNING.
CONTAINING 2235.875 ACRES, MORE OR LESS.
LESS PARCEL 1 - DESCRIBED IN OFFICIAL RECORD BOOK 4417, PAGE 2960:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 13,
TOWNSHIP 48 SOUTH, RANGE 27 EAST; THENCE S.89 °35'32 "W. ALONG THE SOUTH LINE OF SAID
FRACTION AND ALONG THE CENTERLINE OF OIL WELL ROAD FOR 1201.85 FEET; THENCE
N.00 029'17 "W. FOR 50.00 FEET TO THE NORTH RIGHT -OF -WAY LINE OF SAID OIL WELL ROAD AND
TO THE SOUTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 2981 AT
PAGE 2872, COLLIER COUNTY PUBLIC RECORDS; THENCE N.00 °29'17 "W. ALONG THE EAST LINE OF
SAID PARCEL FOR 2353.80 FEET TO THE NORTHEAST CORNER OF SAID PARCEL AND TO THE
SOUTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 4417 AT PAGE 2960,
SAID PUBLIC RECORDS AND TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE S.89 033'04 "W. ALONG THE SOUTH LINE OF SAID PARCEL FOR 2482.41 FEET TO THE
,� SOUTHWEST CORNER OF SAID PARCEL; THENCE N.00 °29'17 "W, ALONG THE WEST LINE OF SAID
FTLDCKS 5698053 5
9/27/11
Packet Page -965-
10/11/2011 Item 16.E.7.
PARCEL FOR 1427.52 FEET TO THE NORTHWEST CORNER OF SAID PARCEL AND TO THE SOUTHERLY
LINE OF A 150.00 FOOT WIDE CANAL MAINTENANCE EASEMENT AS RECORDED IN OFFICIAL
RECORD BOOK 1322 AT PAGE 1903 OF SAID PUBLIC RECORDS; THENCE N.74 °32'51 "E. ALONG THE
NORTHERLY LINE OF SAID PARCEL AND THE SOUTHERLY LINE OF SAID CANAL MAINTENANCE
EASEMENT FOR 1515.81 FEET; THENCE N.89 °33'04 "E. ALONG THE NORTHERLY LINE OF SAID PARCEL
AND THE SOUTHERLY LINE OF SAID CANAL MAINTENANCE EASEMENT FOR 1018.02 FEET TO THE
NORTHEAST CORNER OF SAID PARCEL; THENCE S.00 °29'17 "E. ALONG THE EAST LINE OF SAID
PARCEL FOR 1819.99 FEET TO THE-POINT OF BEGINNING.
CONTAINING 97.120 ACRES, MORE OR LESS.
AREA OF THE DESCRIBED PARCEL CONTAINS 2138.755 ACRES, MORE OR LESS.
FTLDOCS 5698053 5
9/2711.1
Packet Page -966-
10/11/2011 Item 16.E.7.
PROJECT: BIG CORKSCREW ISLAND REGIONAL PARK
PARCEL: CANALS & RESERVOIR
FOLIO: 00210000007 and 00209960006
Accepted and Approved by BCC October _, 2011, Item -
MAINTENANCE AGREEMENT
(Canals and Reservoir)
THIS MAINTENANCE AGREEMENT (hereinafter referred to as "Agreement ") is made
and entered into this day of , 2011, by and between COLLIER
COUNTY, a political subdivision of the State of Florida, whose post office address is 3335
Tamiami Trail East, Suite 101, Naples, Florida 34112 and the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE EX- OFFICIO
GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT,
whose post office address is 3335 Tamiami Trail. East, Suite 101, Naples, Florida 34112
(hereinafter collectively referred to as "County ") and THE BRYAN W. PAUL FAMILY
LIMITED LIABILITY LIMITED PARTNERSHIP, a Florida Limited Partnership (the
"Partnership "), whose post office address is 5701 Fort Denaud Road, LaBelle, Florida 33935.
WITNESSETH:
WHEREAS, Roberto Bollt, as Successor Trustee under Land Trust Agreement dated
January 27, 1986, recorded in Official Records Book 1347, Page 2331, and amended June 26,'
1996, and recorded in Official Records Book 2250, Page 1827, both of the Public Records of
Collier County, Florida, whose mailing address is 4500 Executive Drive, Suite 110, Naples,
Florida 34119 (hereinafter referred to as "Owner ") desires to donate (as a charitable contribution)
to County that certain land of Owner, described in Exhibit "A" attached hereto (hereinafter
referred to as "Lands "), for purposes of future access to a park site, additional surface water
management area for the planned public utility site, operation and maintenance of the area's
stormwater management outfall system, drainage, utility, road and access infrastructure and
improvements, as necessary; and
WHEREAS, Owner's Lands contain a reservoir and network of canals providing drainage
to lands of County as well as other neighboring property owners and interests; and
WHEREAS, County is willing to accept the Lands provided certain environmental
remediation is performed; and
WHEREAS, Partnership agrees to perform the necessary environmental remediation; and
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00);
and other good and valuable consideration, the receipt and sufficiency of which is hereby
mutually acknowledged, it is agreed by and between the parties as follows:
Big Corkscrew Island Regional Park
Revised 10 /3 111 1 of
Packet Page -967-
10/11/2011 Item 16.E.7.
1. Within sixty (60) days of conveyance of the Lands from Owner to County by
recordation of a deed in the Public Records of Collier County, Partnership shall take steps to
perform all of the recommended actions and scope of work, hereinafter referred to as
"Remediation" contained in the Pollution Control & Prevention Department Report dated August
23, 2011 attached hereto as Exhibit "B ". The cost of Remediation shall be considered costs of
caretaking of the Demised Premises for the 2011 -2012 season pursuant to Article 3 of the
License Agreement dated May 27, 2008 between the Gulf Coast Citrus Caretaking, Inc. and the
County. Within thirty (30) days of completion of Remediation, Partnership shall provide a
detailed accounting invoice to County for said Remediation.
2. Partnership shall take steps to ensure that any sources of contamination, including
chemical, pesticide or fuel oil contamination, from adjacent property now owned by either the
Partnership or Bryan W. Paul, as a successor owner of interests of Citrus Grove Partners are not
disbursing onto the Lands. As used in this Agreement, the tern "adjacent property" means real
property that is contiguous with the Lands. If in the future environmental contaminants at levels
above maximum contaminant levels, as set by the Florida Department of Environmental
Protection, are found. on the Lands or other land now owned by County, and the contamination is
due to sources coming from adjacent property then owned by either the Partnership or Bryan W.
Paul, as a successor to interests of Citrus Grove Partners, the Partnership agrees to take
immediate action to remove the sources of the contamination, and perform remediation for any
contamination caused by the Partnership or Bryan W. Paul, as a successor to the interests of
Citrus Grove Partners.
3. Upon completion of the recommended actions and scope of work by Partnership,
Collier County Pollution Control shall review the reports and perform a site inspection to ensure
that the sites referred to in the Pollution Control and Prevention Department Report are in
compliance with State and Federal environmental laws.
4. Within 120 days of the recordation of the deed described in paragraph 1 and upon
County Manager approval, County shall perform vegetative maintenance of the Lands.
5. This Agreement and the terms and provisions hereof shall be effective as of the date
this Agreement is executed by all parties and shall inure to the benefit of and be binding upon the
parties hereto and their respective heirs, executors, personal representatives, successors,
successor trustees, and/or assignees, whenever the context so requires or admits. However, the
burdens created by this Agreement are personal to the Partnership and do not run with the land.
6. This Agreement is contingent upon no other provisions, conditions, or premises other
than those so stated above; and this written Agreement, including all Exhibits attached hereto,
shall constitute the entire Agreement and understanding of the parties, and there are no other
prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or
covenants not contained herein.
7. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
Big Corkscrew Island Regional Park
Revised 10/3/11 2 of 5
Packet Page -968-
10/11/2011 Item 16.E.7.
8. This is the entire agreement between the parties with respect to the matters set forth
herein, and any prior agreements or understandings of any kind are hereby merged and integrated
herein. Except as otherwise provided herein, this Agreement shall only be amended by mutual
written consent of the parties hereto or by their successors in interest.
9. All notices and other communications required or permitted hereunder shall be in writing
and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight
delivery service, and addressed as follows:
As to County: Collier County Government
Office of the County Manager
3299 East Tamiami Trail, Suite 200
Naples, Florida 34112
With copy to: Collier County Government
Office of the County Attorney
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
As to Partnership: Bryan W. Paul
5701 Ft. Denaud Road
LaBelle, Florida 33935
With copy to: M. David Alexander, Esq.
Peterson & Myers PA
Post Office Box 7608
Winter Haven, Florida 33883 -7608
Notice shall be deemed to have been given upon receipt if sent by nationally recognized
overnight delivery service.
10. In the event of a dispute under this Agreement, the parties shall first use the County's
then- current Alternative Dispute Resolution Procedure. Following the conclusion of this
procedure, either party may file an action for injunctive relief in the Circuit Court of Collier
County to enforce the terms of this Agreement, said remedy being cumulative with any and all
other remedies available to the parties for the enforcement of this Agreement. M any dispute,
unless agreed otherwise in writing, the prevailing party shall be entitled to recover its attorney's
fees and costs at trial and appellate levels.
11. This Agreement shall not be recorded in the public records.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
_ day of , 2011.
Big Corkscrew Island Regional Park
Revised 10/3/l 1 3 of 5
Packet Page -969-
Packet Page -970-
10/11/2011 Item 16.E.7.
Date agreement accepted by BCC:
^`
AS TO COUNTY:
DATED:
ATTEST:
BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK
COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk
FRED W. COYLE, Chairman
AS TO DISTRICT:
DATED:
ATTEST:
BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK
COLLIER COUNTY, FLORIDA, AS THE
EX- OFFICIO GOVERNING BOARD OF
THE COLLIER COUNTY WATER- SEWER
DISTRICT
By:
Deputy Clerk
FRED W. COYLE, Chairman
AS TO PARTNERSHIP:
DATED: ')�_4. 3 _va
W SSES:
THE BRYAN W. PAUL FAMILY LIMITED
LIABILITY LIMITED PARTNERSHIP,
u-- -
a Florida limited partnership
Witne
Name:
By: BRYAN PAUL MANAGEMENT, LLC,
(Print or Type)
a Florida limited liability company
Its General Partner
�
a
Witness (Si re
JAES C. PAUL, Manager
Name:
(Print or Type)
Big Corkscrew Island Regional Park
Revised 10 /3 /I i
4 of 5
Packet Page -970-
Packet Page -971-
10/11/2011
i
Item 16.E.7.
-
1. ;%�, -- 13,
1
a
qc ttt�arrr
■arwre
1A9' i�
"w>aa�te"er
ca.�.,tt ogle. pus sac - a�aue
•rr
r
ow
-. WrMV IY.lf'
i
d SURVEYOR'S REPORT /NOTES
t. 8e01inga:: M, based an West 11" of Saatlao "
t3 baing 572`OB'S7"W,'
araaMOpl
. D.n egaN aaTA
"2. This ProRerty is eubjaat- to any Neu drat ri1Cy.
be revealed with a full and .accurate, it #le aeaMi
-
-
3. All dimenslans are In Jest .and decimate
Thera f. Unless akherwiee noc.o. " -
(-
4. Subject to easements, revervallons and
�i
rastiictions•of record
LEGEND
poi - Polar OF BEGINNING
Pi3C ;POINT OF COUMENCEMENT
SU'RVEYOR'$ C.EkTIFIC'a� £ ~ r
FOA THE tact IVs uac are
COLM ca NTY ,U 16 orir Orr
�•��■� ~'
NOT 1!1111D IH> ai11
a _seo aoa yDOO a0op tNE-aRamw.. �ar -�c-"
GRAPHIC $0"
/
UCOMMM SURYEIOlt.ANa t
DESCRIPTION
� _
ALL OF THOSE LM1D5 OESCRTBEO 4N EXwS1T *e AND - EXHIBIT 'O' IN OF€ICtgl„ibECOtiOS BOOK 1433, PAGES p09 -519 OF Tt►i; PUBLIC
RECORDS OF CO LIER:Cp���y LORIDA1 TOGETHER WITH ".TUAT LAND DESCRIBED -IN IN OFFICIAL RECORDS BOOK 1322, PAGER
1847 -•IVO3 OF Tf1E
_PUBUC:'RECOi 1S DF COLLIER IaOLrNly.' FLQRIOA; OL10 PORTIONS OF SECTIONS 't3 AND 14, TOWNSHIP 45 SOUTH,
RANGE 27 EAST, - COLDER COUNTY. fLORIDR, BEING WORE PARTICULARLY DESCRIBED AS. FOLLOWS,
CO1:UE'NCINC AT TILE MORTHW'ST CORNER OF SECTION . S3, TOWNSHIP 46 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE
SOUTH 02`06'97" WEST ALONG THE WEST LINE OF SAID SECTION 13. A DISTANCE
OF 1060.75 FEET TO 'A POINT ON .THE NORTH LINE
OF U :THOSE TY, FLORIDA, DESCRIBED THE Er `b1 OFnGAL - RECORDS 'BM 1433, PAGES 308 -3I9 .OF. THE PUBLIC RECORDS 1tP
COLTER GOUNIY,'FLAND THE POINT OF BEGINNING;
THEND -E UMM 76'6 :'16 ,EAST ALONG $ARI NORTH LINE, A DISTANCE OF. , 431.02 FEET• TMENCE CONTINUING, ALONG SAID xet)04' - UWE.
SOS k1IYM!;24 EAST, .A DISTANCE OF 511.69 jr EM TO THE SOUTHWEST CORNER THOSE
OF IANOS ;DESCRIBED IN EMBIT 'B° IN-m
tiFFiC41L RECORDS 90DiC 1322, PAGES 4597 -1803 OF THE PUBLIC. RECORDS OF COLLIER COUNTY, "7MqN
FLDRtDA1 CE NOR1li Ol'St'JB"
r -COO -OF''
11M BIT fi 'It I , GIE;SDVlH WQB 24E F.A55 ALtiNG' THEE «NORiht LIN OF SAID EXHIBIT A '
`E*
B", DISTANCE 2 TIE
NORTHEAST CORNER OF SAIL EXHIBR "B'; T51ENCE- S01tTf1- 01'SN3B" : °WEST ALONG THE £AST UN£ OF SAID EXHIBIT "B , A ;p1ST,1NCf OF
451100 F TO.A FOINT ON 'THE NORTH LINE .OF THOSE LANDS DESCRIBED IN -ir
E7GHIBIT IN OFFICIAL, RECORDS BOOK 1433; PAGES'
SDP -51:8 OF'TIIE'PUSUC RECORDS OF COLLIER';COONM FLORIDA; THENCe SOUTH 5606'24" EAST ALONG SAID 'NORTH LINE-
OISTANCE OF -2,235,22 FEET TO A POINT ON' THE'- WEST LINE OF NORTH coLDEN CATE CANAL
RIOHT -OF -WAY; T IENGE -ALONG SAID
WEST UNE `SOUTH ONP116 WEST AL. 100 bYES7 'UNE -' A DISTANCE OF 130.00 FEET 70 THE SOUTHEAV CORNER OF SAID EXHIBIT
THENCE 'NORTH 6 &D6'24' WEST ' ALONO` SAID SOUTH -LINE, A DISTANCE OF 3,728,37 'r'
TO THE NORTWEAST CORNER OF THOSE
LANOB- OE &ORtem IN EXHIBIT *Cr IN OFFICIAL. RECORDS BCX* 1433, PAGES 809- 84B.OF THE PUBLIC RECORDS'
OF COLLIER COUNTY,
FLORIDA,j, THENCE SOUTH 01'40'' WEST ALONG: THE EAST .UNE OF SAID DESCRIBED LANDS, A DISTANCE OF 4.17181 FEET TO A '
POINT'',NV THE WORTH RIGNT -OF -WAY LINE OF OIL WELL ROAD: THENCE NORTH
SV05,31r- WEST ALONC SAID NORTH °RIGHT-OF-WAY
UM-. A DISTANCE OF 15000 FEET TO THE SOUTHWEST CORNER OF SAID DESCRIBED LANOSi THENCE NORTH DI ^48'x5' EAST ALONFr
THE WEST- UNE OF SAID DESCRIBED LANDS, k,CisTANcE OF 4373,60 'FEET TO THE SOUTH 'LINE
OF THOSE LANDS DESCRIBED IN .
.EOf%r `Tr 1N*:OFITC 'RECDRpS BOOK 1433k_PAGES 609 -319 OF TAE`.PUSUC RECORDS -OF, CDLaER COUNTY, >fLORIM �E
NORTH`110`0612r' :�.SA1D 9MT LINT;.,A ,DISTANCE OF 1,0.16.02 Fir, THENCE CONTINUING ALONG
*T6'
7r75t SAID SOM NE SOUTH
1'r}:S>; A OIS7ANCE' -0F 452,442 fW," O. aC "pO1NT C!!C THE WEST LINE OF SAID SECTION 13; 'THENCE CONTINUE SOUIW .
76 51't8" WEST ALONG ,SAS SOUT'M LINE;, A- DISTANCE OF 2,213,79 FEET' TO THE SOUTHWEST
CORNER OF THOSE LAND5 DESCRIBED IN
SHAD'EXEST CORNER HEFF 1a0RTTt OT'S3'T6'�=IT:ALONG THE WEST UNE OF SAID EXHIBIT '0* A.DISTANCE OF 455.32 FEET TO THE
NORTHWEST CORNER OF SAID EXHIStr"1r,* Tf{EIS1~E'NORTH `EAST ALONG
,759}'16 THE NORTH UNE Of SAID EXHIBIT-Cr, A DISTANCE
OF 2,214.66 FEET'TD THE POINT Or BEGINNING, `._
CONNNING 62.63 ACRES, MORE OR LESS
-REV
RV, REVISED a7- s1-•7J .L4k1 COUNTY CONAiOM
1 4kEVMM "sOUrrrosu' iACST=^6E7RIM0
a1�a7
FR C R- GVI&ATU6.DF1RiN This to NOT s Swn:wr,. f e`
'
$�CH ' ,DESCR
IFTIGN jF
_
A : N
'P
13
.y
wr
.rwwrw
:;SUCTIONS
& I ,. T -48 -5„ R- -27 -E„
,b —.bog 4,*M*.�.,...,.,.„..�..,w„/, „
COLLIER CI ?UTY
FLORIDA
�
TA3R
COTE: ;.
TASIiE
DRAWN aY:
TWD
c►NCED aY:
CAD flLE: PR N 7 SHEET' DaAxnNC INDEx Na
D78
1GG-bb 3 -004 1 of 2
166-55
Pag +Packet Page - 972 -,,�. 2
10/11/2011 Item 16.E.7.
EXHIBIT B"
Pollution Control & Prevention Department Report —August 23, 2011
Recommended Actions and Scope of Work for the four Listed sites (refer to
attached map for sites A though D locations):
Site A-
1. Petroleum Contaminated Soil - A 3 foot by 1.5 foot area of petroleum stained soil was
observed around the "storm water well piping" at Site A. At a minimum this
contaminated soil needs to be properly removed and disposed of consistent with
applicable regulatory requirements.
2. Repair - The "storm water well piping" should be repaired to stop future petroleum
leaking.
3. Secondary Containment-
Option A - Replace single- walled steel aboveground storage tanks with a dual
walled above ground tanks with dual walled piping that provides adequate
secondary containment.
/0—N * Option B - Sanding, priming and painting the existing tanks exterior and supports
to prevent tank failure, remove the manifold that joins both tanks and increase
the size of the existing secondary containment area to hold 110 % of the largest
tank contents in the event of a catastrophic failure of one of the tanks. To also
apply epoxy paint to the inside of the tanks dike field that will ensure the
secondary containment is product tight.
4. Regulatory Requirements - In the event the design capacity of "Option A or Option B"
exceeds 550 gallons (i.e. regulated tank) design it merit comply with F.A.C. 62 -762
requirements.
(Refer to supporting documentation for further detail.)
Site B
1. Diesel Leaks were observed at the fuel hose and at the base of the pump. Both leaks
have stained the concrete pad the components are housed on. Pollution Control &
Prevention Department (PCPD) recommends the clean up the released petroleum
product, and the repair of the leaking component to prevent further discharge.
Page 1 of 5
Packet Page -973-
10/11/2011 Item 16.E.7.
2. Sludge and storm -water were observed inside of the polyethylene tub secondary
containment unit. PCPD recommends the proper removal and disposal of the water and
sludge to prevent deterioration of the tank supports.
3. Corrosion of the tank exterior and the tank supports was observed. PCPD recommends:
• Option A — Replace single- walled steel aboveground storage tanks with a dual walled
above ground tank with dual walled piping that provides adequate secondary
containment.
• Option B - Sanding, priming and painting the existing tank exterior and supports to
prevent tank failure, ensure the size of the secondary containment area is maintained
so it holds 110 % of the tank's contents.
(Refer to supporting documentation for further detail.)
Site C -
1. The two out -of- service aboveground storage tanks should be removed and disposed of
properly.
2. Any petroleum storm -water mixture found within either of these tanks should be
properly removed and disposed of in accordance with the appropriate rules and
regulations.
(Refer to supporting documentation for further detail.)
Site D
1. The northern most storage unit located on the Bollt Canal Property should be relocated
off the property.
(Refer to supporting documentation for further detail.)
Recommended Actions for all Sites:
1. F.A.C. 62 -762. 401(4)(b)1: For a storage tank system with a capacity greater than 550
gallons and less than or equal to 10,000 gallons, the demonstration of financial
responsibility for corrective action and third -party liability shall be a minimum of
$500,000.00 per incident and $1 million annual aggregate. It is recommended that
either the tank owner or the county assume financial responsibility for the vessels
located on the Bollt Canal Property.
Page 2 of 5
Packet Page -974-
10/11/2011 Item 16.E.7.
2. All secondary containment areas where tanks containing pollutants are stored should
have the drainage valves in the closed position at all times, except when draining storm-
water from the areas.
Supporting Documentation:
These site observations were made on August 15, 2011 and August 18, 2011 during PCPD's
initial and follow -up site visit.
Site A: Storm Water Pump Station at Land Bridge
Site A is a storm water pump station on a land bridge located on Bollt Canal Property. Site A is
located on the top of the west bank of the North -South drainage easement. The station
includes two 515 gallon (estimated capacity) diesel single - walled steel aboveground storage
tanks. These tanks are manifold together by single - walled steel bottom entry piping. F.A.C. 62-
762 requires tanks with individual capacities above 550 gallons to comply with the rule.
The station also includes a storm water motor and extraction well equipment. The tanks and
the motor are located within an unlined concrete containment area, which is roofed and
fenced. The containment area has a capacity of 471 gallons. if the manifolded piping were to
fail or be damaged the contents of both 515 gallon tanks (estimated capacity) would empty into
the containment area, which is inadequate to contain the contents of only one of the tanks.
Because both tanks are manifold together the combined capacity (estimated at 1,030 gallons)
requires that these tanks comply with F.A.C. 62-762 requirements. At a minimum these tanks
would be required to comply with the following.
1. F.A.C. 62 -762. 401: The owner or operator of any facility, or the owner or operator of a
storage tank system, aboveground hazardous substance tank, or compression vessel,
shall register the storage tank system, aboveground hazardous substance tank, or
compression vessel with the Department on Form 62- 761.900(2).62 - 762.401
2. F.A.C. 62- 762.501(c)3: Secondary Containment: Contain a minimum of 110% of the
maximum capacity of the tank or of the largest single - walled tank within the dike field
area. Capacity calculations shall include the volume occupied above the area of the
"footprint" of the tank bottom or the largest tank within the dike field area.
3. 62- 762.601(1)e: (e) At least once a month, but not exceeding 35 days, any storage tank
and component of a storage tank that can _be inspected visually shall be visually
inspected in accordance with paragraph 62- 762.641(2)(e), F.A.C. A visual inspection is
not required for any system component that has a continuous or monthly electronic
release detection sensor. Continuous electronic leak detection devices shall be
inspected for proper operation on a monthly basis. Inspection may consist of visual
observation or remote verification of proper operation.
Page 3 of 5
Packet Page - 975 -
10/11/2011 Item 16.E.7.
4. 62- 762.701(1)(a)1: _Repair components which have or can cause a discharge.
a. An active diesel leak at the pump base has caused soil staining around the pump.
b. Both tanks have corrosion occurring which needs to be addressed. Tanks should
be primed, sanded and painted.
In addition, petroleum soil staining was observed around the "well piping" at this location. This
contaminated soil must be properly removed and disposed of.
Site B: Fuel Tank on !Nest side of Reservoir
Site B is a storm water pump station located on the Bollt Canal Property. Site B is located on the
west side of the reservoir. The station includes one 515 gallon (estimated size) diesel single -
walled steel aboveground storage tank. The tank is contained in a polyethylene tub, which acts
as secondary containment; estimated capacity 717 gallons. The station also includes the storm
water motor and extraction well equipment. The tanks and the motor are located on a concrete
pad area which is roofed. This system is not regulated by F.A.C. 62 -762.
Listed below are our pollution prevention recommendations.
1. Diesel leaks were observed at the fuel hose and at the base of the pump. Both leaks
have stained the concrete pad the components are housed on. Pollution Control &
Prevention Department (PCPD) recommends the clean up the released petroleum
product, and the repair of the leaking component to prevent further discharge.
2. Sludge and storm -water were observed inside of the polyethylene tub secondary
containment unit. PCPD recommends the proper removal and disposal of the water and
sludge to prevent deterioration of the tank supports.
3. Corrosion of the tank exterior and the tank supports was observed. PCPD recommends:
Option A — Replace single-walled steel aboveground storage tanks with -a dual walled
above ground tank with dual walled piping that provides adequate secondary
containment.
• Option B - Sanding, priming and painting the existing tanks exterior and supports to
prevent tank failure, ensure the size of the secondary containment area is maintained
so it holds 110 % of the tanks contents.
Site Q Out -of- Service Storage Tanks South of Reservoir
Site C is located on Bollt Canal Property. it is a concrete dike - field, which contains two out -of-
service aboveground storage tanks. The tank located on the east side of the containment area
is of single - wailed steel construction. This tank contains three inches of a petroleum
stormwater mixture. The bungs are missing from the top of the tank and the tank is severely
corroded.
Page 4 of 5
Packet Page -976-
10/11/2011 Item 16.E.7.
The tank located on the west side of the containment area has a 515 gallon estimated capacity
and is of single walled steel construction. This tank is housed inside of a steel tank vault. This
tank also is severely corroded.
Site D• Dry Chemical Storage Units and Mixing Tank located lust East of Site C
Site D is located partially on Bollt Canal property. The site houses two storage units, a 2,500
gallon polyethylene chemical mixing tank and a large tank used for burning materials. The
northern most storage unit is the only component on the Bollt Canal Property. We did not have
access to the inside of the storage units. The tank is in good condition and no soil staining or
poor storage practices were observed during our site inspection.
Cleanup /Closure:
Upon completion of the "Recommended Actions and Scope of Work" listed above, the Pollution
Control & Prevention Department (PC &PD) should be contacted. The PC &PD will inspect the
site and issue a No Further Action, unless required by the Florida Department of Environmental
Protection,
Page 5 of 5
Packet Page -977-
10/11/2011 Item 16.E.7.
r R8
at
it
b . ,s •6� y b c� gyp( p b
_"'.la'w�.xe::76'— * R ��;g � �a. �p+�YS�x{ �s fl •{�j � 3 � ii •qi.4' —�
'. � ��•7 � i b PJA�ii. �'B QQP �e�b� � &6 � ' [�{e .dFgq�1�: Sli �C
Is flzQw*g fly Ili;
.1 t
t t"�ia j� d
{
a
, tr.s�w4 �SSi i�
h
rF •
WO L-I 4
1.. a 0111
'~ a _.. .__. —� ' •G!'�D►�"te
1 ,
t
.- -- - _. —_
1 A
tlP � y�
Packet Page -978-
gill i5
tgb
zA
10/11/2011 Item 16.E.7.
r R8
at
it
b . ,s •6� y b c� gyp( p b
_"'.la'w�.xe::76'— * R ��;g � �a. �p+�YS�x{ �s fl •{�j � 3 � ii •qi.4' —�
'. � ��•7 � i b PJA�ii. �'B QQP �e�b� � &6 � ' [�{e .dFgq�1�: Sli �C
Is flzQw*g fly Ili;
.1 t
t t"�ia j� d
{
a
, tr.s�w4 �SSi i�
h
rF •
WO L-I 4
1.. a 0111
'~ a _.. .__. —� ' •G!'�D►�"te
1 ,
t
.- -- - _. —_
1 A
tlP � y�
Packet Page -978-
s
a
y F
t
it
r ^� r
a i a
}
}
--
tPf
rT
a
8 ^m"' 9YCli .3. i
OF,
..
rT
a