Agenda 06/10/2008 Item #16B 1
Agenda Item No. 1681
June 10, 200~
Page 1 of 23
EXECUTIVE SUMMARY
li
Recommendation to approve the Agreement for the Freedom Park (Gordon River Water Quality Park)1
Aquifer Storage and Recovery (ASR) Well with the City of Naples.
OBJECTIVE: To obtain Board of County Commissioners (BCC) approval of the Agreement fOIl
Freedom Park, with the City of Naples in the form attached. ,
~
CONSIDERATIONS: Collier County obtained a permit from the Department of Environmental!
Protection (DEP) to construct one, (1), Class V, Group 7, aquifer Storage and Recovery, (ASR)~
injection and monitor well system at the Freedom Park Site. The purpose of the well is to capture'1
excess water during the wet season, inject the water underground and recover it to re-hydrate thel,
wetlands during the dry season. The County was not intending to pursue the construction of the weU:i
due to budget constraints. The permit is valid for a period of 5 years.
'i
The South Florida Water Management District has approached the City of Naples for a matching grantj
of $500,000 to construct an ASR well. The City of Naples has the matching funds, but, does not havei
a permit. The City of Naples has agreed to construct the ASR well on the County's site, provide~
construction and engineering inspection through out the life of the well construction, and provide a,
schedule and weekly progress reports and any results. The County and the City will benefit from thel
ASR well to obtain the geologic information and determine if the well is productive and certifiable. 1
The County will be the responsible entity for the DEP permit; however, the City will be responsible fori
any deviations to the permit caused by the construction of the ASR well. ,
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this item for legal
sufficiency and there are no outstanding legal considerations. -SR T.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with~
Agenda Item No. 16B~
June 10, 2008
Page 2 of 23
9. This Agreement shall only be amended or cancelled by mutual written consent of
the parties hereto or by their successors in interest.
10. Should any part of this Agreement be found to be invalid, then such invalid part
shall be severed from the Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect and not be affected by such
invalidity.
11. This Agreement is govemed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
ATTEST:
AS TO THE CITY OF NAPLES:
Clerk, City of Naples
Approved as to form and
legal sufficiency:
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
TOM HENNING, Chairman
Approved as to form and
legal sufficiency:
Collier County Attomey
Item Number:
Item Summary:
Meeting Date:
Page 1 of2
Agenda Item No. 16B1
June 10, 2008
Page 3 of 23
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1681
Recommendation to approve the Agreement for the Freedom Park (Gordon River Water
Quality Park) Aquifer Storage and Recovery (ASR) Well within the City of Naples
6/10/2008 90000 AM
Approved By
John Vliet
Transportation Services
Roads Maintenance Superintendant
Date
Road Maintenance
4/30/20083:35 PM
Approved By
Lisa Taylor
Transportation Services
Management/Budget Analyst
Date
Transportation Administration
4/30/20084:22 PM
Approved By
Gerald Kurtz
Transportation Services
Senior Engineer
Date
Stormwater Management
4/30/20084:39 PM
Approved By
Margaret A. Bishop
Transportation Services
Project Manager
Date
Stormwater Management
4/30/2008 4:40 PM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
5/1/20081:16 PM
Approved By
Scott R. Teach
County Attorney
Assistant County Attorney
Date
County Attorney Office
5/19/200810:56 AM
Approved By
Pat Lehnhard
Transportation Services
Executive Secretary
Date
Transportation Services Admin
5/27/20088:47 AM
Approved By
OMS Coordinator
County Manager's Office
OMB Coordinator
Date
Office of Management & Budget
5/30/2008 8:42 AM
Approved By
Susan Usher
County Manager's Office
Senior Management/Budget Analyst
Date
Office of Management & Budget
6/3/200812:19 PM
Approved By
file://C:IAgendaTestIExportl1 09-June%20 10,%2020081 16.%20CONSENT%20AGENDA 116... 6/4/2008
Page 2 of2
Agenda Item No. 16B1
June 10,2008
Page 4 of 23
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
6/3/2008 3: 50 PM
file://C:IAgendaTestIExportl1 09-June%20 I 0,%2020081 16.%20CONSENT%20AGENDA 116... 6/4/2008
Agenda Item No. 16B1
June 10, 2008
Page 5 of 23
Exhibit A
Freedom Park (aka Gordon River Water
Quality Park)
Legal Description
ALL THOSE PORTIONS OF LOT 9, 10 AND 11, NAPLES IMPROVEMENT
COMPANY LITTLE FARMS SUBDIVISION, ACCORDING TO THE PLAT
THEREOF, RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, IN PLAT BOOK 2, PAGE 2, LYING NORTH OF THE RIGHT OF WAY
GRANTED IN OR BOOK 876, PAGE 1716, AND NORTH OF THE RIGHT OF
WAY GRANTED IN O.R. BOOK 2053, PAGE 1671, AND NORTH OF THE RIGHT
OF WAY GRANTED IN O.R. BOOK 2053, PAGE 1687, LESS THE WEST 20 FEET
THEREOF. (PARCELS 18A AND 18B).
Agenda Item No. 16B 1
~1161~Qt8
~!O~(M?JJl
Florida Department of
Environmental Protection
.r efT Kottkamp
Lt. Govemor
.JIl ~
.
-
Michael W.
Sole
Secretary
BY ELECTRONIC MAIL:
May 6, 2008
In the Matter of an
Application for Permit by:
Mr. Eugene Calvert, Director
Collier County Road Maintenance & Stormwater
2885 S Horseshoe Dr.
Collier Countv - UIC
File Number: 262487-001-UC/5X
Class V Group 7 Aquifer Storage and Recovery
Injection Well
Post-Wetland Treated Stormwater Storage and Recovery
Naples, Florida 34104
Ernail: eugenecalvert{ilkolliergov.net
NOTICE OF PERMIT
Enclosed is Permit Number 262487-001-UC/5X to construct one, (I), Class V, Group 7, Mid or Lower Hawthorn
Aquifer Storage and Recovery (ASR) injection well with two (2) storage zone (Mid or Lower Hawthorn Aquifer
System) monitoring wells and one,(1), shallow zone monitor well, (Lower Tamiami/Sandstone Aquifer or Mid
Hawthorn Aquifer), utilizing either Option "A" or Option "B". The proposed well construction consists of either
an Option "A" Mid Hawthorn Aquifer System sixteen-inch, (16"), nominal inside diameter, (ID),cemented PYC
casing with an open injection interval of 270 feet bls to approximately 400 feet bls, or an Option "B" Lower
Hawthorn Aquifer System sixteen-inch,(16"), nominal 10, cemented PYC casing, injection and recovery well
with an open injection interval of 600 feet bls to approximately 700 feet bls, and three monitor wells. The
monitoring system will consist of six-inch, (6"), 1D, PYC, monitor wells constructed to monitor either the Option
"A" Mid Hawthorn Aquifer System at open hole intervals of approximately 130 to 160 feet below land surface,
(BLS), and from 270 feet bls to approximately 400 feet bls. Option "B" Lower Hawthorn Aquifer System
monitor wells are generally designed to monitor the open hole intervals of 350 feet bls to 400 feet bls and from
600 feet bls to 700 feet bls.
The purpose is to store, in either the Mid or Lower Hawthorn aquifer systems, wetland pre-treated and disinfected
stormwater runoff from the Gordon River Water Quality Park Wetland Treatment System to meet the seasonal
wetland hydro-period demands of the wetland treatment system. The ASR well is designed to inject at a
maximum of 1 MGD (million gallons per day) as issued pursuant to Section(s) 403.087, Florida Statutes.
Any party to this Order (permit) has the right to seek judicial review of the permit pursuant to Section 120.68,
Florida Statutes, by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate
Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth
Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of appeal
accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of
Appeal must be filed within 30 days from the date this Notice is filed with the Clerk of the Department.
Page 1 of2
Agenda Item No. 1681
June 10, 2008
Page 7 of 23
Executed in Lee County, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
'(IJr--r
Jon M. Iglehart
Director of District Management
CERTIFICATE OF SERVICE
The undersigned duly desif,'I1ated deputy clerk hereby certifies that this NOTICE OF PERMIT and all copies
were mailed before the close of business on May 6, 2008 to the listed persons.
Clerk Stamp
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52, Florida Statutes, with the designated Department Clerk, receipt
of which is hereby acknowledged.
~/ /;'
-//)jli(C if ({:({'I(a~
5-6-08
Clerk
Date
JMI/DRlmc
Enclosures
cc Tom J. Helgeson, P.E. (tom.heh:eson((/)ch2m._,!1!!])
Nancy Marsh, EPA (marsh.nancviZDepa.gov)
Craig Boomgaard, SWFWMD (cboomgaa(a/sfwmd.uov)
Joe Haberfeld, FDEP (joc.habcrfeldiiodep.state.fl.us)
John Powers, P.G., (lghn.Powers(a)CH2M.com)
Margaret Bishop, (maruaretbishop(ilcolliergov,p.J'J)
Page 2 of2
Agenda Item No. 16B1
June 10, 2008
Cli'~itmlfii?@
Governor
Florida Department of
Environmental Protection
.J eff Kottkamp
Lt. Governor
Michael W.
Sole
Secretary
BY ELECTRONIC MAIL:
PERMIT
PERMITTEE:
Mr. Eugene Calvert, Director
Collier County Road Maintenance & Stormwater
2885 S Horseshoe Dr.
Naples, Florida 34104
Email: eugenecalY~J}:(iiJcolliG[gQ.Y,~lleJ
Collier County UIC
Permit/Cert. No: 262487-001-UC/5X
Date of Issue: May 6, 2008
Expiration Date: May 5, 2013
Latitude: 26.0' 52.0' 28.60" N
Longitude: - 82.0' 18.0' 33.50" W
Class V Group 7 Aquifer Storage and Recovery
Injection Well
Post-Wetland Treated Stormwater Storage and
Recovery
This permit is issued under the provisions of Chapter 403 of the Florida Statutes (F.S.) and rules 62-4, 62-520,
62-528, and 62-550 of the Florida Administrative Code. The above named permittee is hereby authorized to
perform the work or operate the facility shown on the application and approved drawing(s), plans, and other
documents, attached hereto or on file with the Department and made a part hcreof and specifically described as
follows:
Construct one; (1), Class V, Group 7, Mid or Lower Hawthorn Aquifer Storage and Recovery (ASR) injection
well with two (2) storage zone (Mid or Lower Hawthorn Aquifer System) monitoring wells and one,(I), shallow
zone monitor well, (Lower Tamiami/Sandstone Aquifer or Mid Hawthorn Aquifer), utilizing either Option "A" or
"B" as outlincd within the application documents on Exhibit 3, "Generalized Construction Details", of the May 3,
2006 submittal. The proposed well construction consists of either an Option "A" Mid Hawthorn Aquifer System
sixteen-inch, (16"), nominal inside diameter, (1O),cemented PVC casing with an open injection interval of 270
feet bls to approximately 400 feet bls, or an Option "B" Lower Hawthorn Aquifer System sixteen-inch,(16"),
nominal 10, cemented PVC casing, injection and recovery well with an open injection interval of 600 feet bls to
approximately 700 feet bls, and three monitor wells. The monitoring system will consist of six-inch, (6"), 10,
PVC, monitor wells constructed to monitor either the Option "A" Mid Hawthorn Aquifer System at open hole
intervals of approximately 130 to 160 feet below land surface, (BLS), and from 270 feet bls to approximately 400
feet bls. Option "B" Lower Hawthorn Aquifer System monitor wells are generally designed to monitor the open
hole intervals of 350 feet bls to 400 feet bIs and from 600 fcet bls to 700 feet bls.
The purpose is to store, in either the Mid or Lower Hawthorn aquifer systems, wetland pre-treated and disinfected
stormwater runoff from the Gordon River Water Quality Park Wetland Treatment System to meet the seasonal
wetland hydro-period demands of the wetland treatment system. The ASR well is designed to inject at a
maximum of I MGD (million gallons per day). This project is depicted on the Class V Group 7 Aquifer Storage
and Recovery Injection Well application and associated documents submitted in support of the application. The
location for this project is the Gordon River Water Quality Park, Naples, Florida 34104.
Subject to Specific Conditions 1-17.
Page 1 of 12
Mr. Eugene Calvert,
Director
Collier County Road Maintenance & Stormwater
2885 S Horseshoe Dr.
Agenda Item No. 16B1
June 10, 2008
PennitlCertification Number: 262487-001-UCIBXge 9 of 23
Date of Issue: May 6, 2008
Expiration Date: May 5, 2013
County: Collier
SPECIFIC CONDITIONS:
1. General Criteria:
a. The terms, conditions, requirements, limitations and restrictions set forth in this pennit are "permit
conditions" and are binding and enforceable pursuant to section 403.14], F.S.
b. This pennit is valid only for the specific processes and operations applied for and indicated in the
approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits,
specifications, or conditions of this permit may constitute grounds for revocation and enforcement
action.
c. As provided in subsection 403.087(7), F.S., the issuance of this permit does not convey any vested
rights or exclusive privileges. Neither does it authorize any injury to public or private property or any
invasion of personal rights, nor infringement of federal, state, or local laws or regulations. This permit
is not a waiver of or approval of any other Department permit that may be required for other aspects of
the total project which are not addressed in this permit.
d. This permit conveys no title to land, water, does not constitute State recognition or acknowledgment
of title, and does not constitute authority for the use of submerged lands unless herein provided and the
necessary title or leasehold interests have been obtained from the State. Only the Trustees of the
Internal Improvement Trust Fund may express State opinion as to title.
e. This permit does not relieve the permittee from liability for harm to human health or welfare, animal,
or plant life, or property caused by the construction or operation of this permitted source, or from
penalties therefrom; nor does it allow the permittee to cause pollution in contravention of Florida
Statutes and Department rules, unless specifically authorized by an order from the Department.
f. The permittee shall properly operate and maintain the facility and systems of treatment and control
(and related appurtenances) that are installed and used by the permittee to achieve compliance with the
conditions of this permit, or are required by Department rules. This provision includes the operation of
backup or auxiliary facilities or similar systems when necessary to achieve compliance with the
conditions of the permit and when rcquired by Department rules.
g. The permittee, by accepting this permit, specifically ab'l'ees to allow authorized Department personnel,
upon presentation of credentials or other documcnts as may be required by law and at reasonable
times, access to the premises where the pennitted activity is located or conducted to:
(I) Have access to and copy any records that must be kept under conditions of this permit;
(2) Inspect the facility, equipment, practices, or operations reb'1llated or required under this pennit;
and
(3) Sample or monitor any substances or parameters at any location reasonably necessary to assure
compliance with this pennit or Department rules.
(4) Reasonable time will depend on the nature of the concern being investigated.
Page 2 of 12
Mr. Eugene Calvert,
Director
Collier County Road Maintenance & Stormwater
2885 S Horseshoe Dr.
Agenda Item No. 16B1
June 10, 2008
Permit/Certification Number: 262487-001-UCFa~e 10 of 23
Date oflssue: May 6, 2008
Expiration Date: May 5, 2013
County: Collier
SPECIFIC CONDITIONS:
h. If, for any reason, the permittee does not comply with or will be unable to comply with any condition
or limitation specified in this permit, the permittee should immediately provide the Department with
the following information:
(I) A description of and cause of noncompliance; and
(2) The period of noncompliance, including dates and times; or, if not corrected the anticipated time
the noncompliance is expected to continne, and steps being taken to reduce, eliminate, and prevent
the recurrence of the noncompliance. The permittee shall be responsible for any and all damages
that may result and may be subject to enforcement action by the Department for penalties or for
revocation of this permit.
1. In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data
and other information relating to the construction or operation of this permitted source which are
submitted to the Department may be used by the Department as evidence in any enforcement case
involving the pennitted source arising under the Florida Statutes or Department rules, except where
such use is proscribed by sections 403.111 and 403.73, F.S. Such evidence shall only be used to the
extent it is consistent with the Florida Rules of Civil Procedure and appropriate evidentiary rules.
J. The permittee agrees to comply with changes in Department rules and Florida Statutes after a
reasonable time for compliance; provided, however, the permittee does not waive any other rights
f,'1'anted by Florida Statutes or Department rules.
k. This permit is transferable only upon Department approval in accordance with rules 62-4.120 and 62-
528.350, F.A.C. The permittee shall be liable for any non-compliance of the permitted activity until
the transfer is approved by the Department.
1. This pennit or a copy thereof shall be kept at the work site of the pennitted activity.
m. The permittee shall comply with the following;
(I) Upon request, the permittee shall furnish all records and plans required under Department rules.
During enforcement actions, the rctention period for all records shall be extended automatically
unless the Department determines that the records are no longer required.
(2) The permittee shall hold at the facility or other location dcsignated by this permit records of all
monitoring information (including calibration and maintenance records and all orif,>inal strip chart
recordings for continuous monitoring instrumentation) required by the permit, copies of all reports
required by this permit, and records of all data used to complete the application for this permit.
These materials shall be retained at least three years from the date of the sample, measurement,
report, or application unless otherwise specified by Department rule.
(3) Records of monitoring infonnation shall include:
(a) the date, exact place, and time of sampling or measurements;
(b) the person responsible for performing the sampling or measurements;
Page 3 of 12
Mr. Eugene Calvert,
Di rector
Collier County Road Maintenance & Stonnwater
2885 S Horseshoe Dr.
Agenda Item No. 16B 1
June 10, 2008
Pennit/Certification Number: 262487-001-UCflli~ 11 of 23
Date of Issue: May 6, 2008
Expiration Date: May 5, 2013
County: Collier
SPECIFIC CONDITIONS:
(c) the dates analyses were performed;
(d) the person responsible for performing the analyses;
(e) the analytical techniques or methods used;
(I) the results of such analyses.
(4) The permittee shall furnish to the Department, within the time requested in writing, any
information which the Department requests to determine whether cause exists for modifying,
revoking and reissuing, or terminating this permit, or to detennine compliance with this permit.
(5) If the permittee becomes aware that relevant facts were not submitted or were incorrect in the
permit application or in any report to the Department, such facts or information shall be corrected
promptly.
n. All applications, reports, or information required by the Department shall be certified as being true,
accurate, and complete
o. Reports of compliance or noncompliance with, or any progress reports on, requirements contained in
any compliance schedule of this permit shall be submitted no later than 14 days following each
scheduled date
p. Any permit noncompliance constitutes a violation of the Safe Drinking Water Act and is grounds for
enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of
a pcnnit rcnewal application
q. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to
halt or reduce the permitted activity in order to maintain compliancc with the conditions of this pennit
r. The permittee shall take all reasonable steps to minimize or correct any adverse impact on the
environment resulting from noncompliance with this pennit.
s. This permit may be modified, revoked and rcissued, or tenninated for cause, as provided in 40 C.F.R.
sections 144.39(a), 144.40(a), and 144.41 (1998). The filing of a request by the permittee for a permit
modification, revocation or reissuancc, or tennination, or a notification of planned changes or
anticipated noncompliance, does not stay any pennit condition
t. The pennittec shall retain all records of all monitoring information conccrning the nature and
composition of injected fluid until tjve years after completion of any plugging and abandonment
procedures specificd under rule 62-528.435, F.A.C. The pennittee shall deliver the records to the
Department office that issued the pennit at the conclusion of the retention period unless the pennittee
elects to continue retention of the records.
u. The pcnnittee shall notify the Department as soon as possible of any planned physical alterations or
additions to the pennitted facility. In addition, prior approval is required for activities described in rule
62-528.410(1 )(h).
Page4 of 12
Mr. Eugene Calvert,
Director
Collier County Road Maintenance & Stormwater
2885 S Horseshoe Dr.
Agenda Item No. 16B1
June 10, 2008
Permit/Certification Number: 262487-001-Uma~ 12 of 23
Date ofIssue: May 6, 2008
Expiration Date: May 5, 2013
County: Collier
SPECIFIC CONDITIONS:
v. The permittee shall give advance notice to the Department of any planned changes in the permitted
facility or injection activity that may result in noncompliance with permit requirements.
w. The permittee shall report any noncompliance which may endanger health or the environment
including:
(I) Any monitoring or other information which indicates that any contaminant may cause an
endangerment to an underground source of drinking water; or
(2) Any noncompliance with a permit condition or malfunction of the injection system that may cause
fluid migration into or between underground sources of drinking water.
(3) Any information shall be provided orally within 24 hours from the time the permittee becomes
aware of the circumstances, A written submission shall also be provided within 5 days of the time
the permittee becomes aware of the circumstances. The written submission shall contain a
description of the noncompliance and its cause, the period of noncompliance, including exact
dates and times, and if the noncompliance has not been corrected, the anticipated time it is
expected to continue; and the steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance.
x, Proper operation and maintenance includes effective performance, adequate funding, adequate
operator staffing and training, and adequate laboratory and process controls, including appropriate
quality assurance procedures.
y. No underground injection is allowed that causes or allows movement of fluid into an underground
source of drinking water if such fluid movement may cause a violation of any primary drinking water
standard or may otherwise adversely affect the health of persons.
2. Sil!natories and Certiflcation Requirements.
a. All reports and other submittals required to comply with this permit shall be signed by a person
authorized under Rules 62-528.340(1) or (2), FAC.
In accordance with Rule 62-528.340(4), F.A.C., all reports shall contain the following certification:
"1 certify under penalty of law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted, Based upon my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility affine and imprisonment for knowing violations."
3. Drawings, plans, documents or specifications submitted by the Permittee, not attached hereto, but retained on
file at the South Florida District Office, are made a part hereof. Any changes, except as provided elsewhere
in this pennit, must be approved by the Department before implementation.
Page 5 of 12
Mr. Eugene Calvert,
Director
Collier County Road Maintenance & Stormwater
2885 S Horseshoe Dr.
Agenda Item No. 1681
June 10, 2008
Permit/Certification Number: 262487-001-UC!1Sl(e 13 of 23
Date ofIssue: May 6, 2008
Expiration Date: May 5, 2013
County: Collier
SPECIFIC CONDITIONS:
4. The injection and monitor wells at the site shall be abandoned when posing a potential threat to the quality of
the waters of the State. In the event a well must be plugged or abandoned, the permittee shall obtain a permit
from the Department as required by Chapter 62-528, F.A.C. The permittee shall notify the Department and
obtain approval prior to any well work or modification.
5. The permittee shall notify the Department in the event that any of the conditions of the permit cannot be met,
including an emergency discharge, due to breakdown of equipment, power outages or damages by hazard of
fires, wind or other causes in accordance with the following:
a. Notification shall be made in person, email, or by telephone within 24 hours of the event.
b. A written report shall be submitted within 5 days which describes the nature and cause of the breakdown
or malfunction, the steps being taken to correct the problem and prevent its recurrence, emergency
procedures in use pending correction of the problem and the time when the facility will again be operating
in compliance with permit conditions.
6. Prior to the commencement of any work, the name of the Florida-registered driller(s) supervising the drilling
operations and the driller's registration number shall be submitted to the Department. The permittee or the
engineer of record shall provide the Department with copies of all required federal, state or local pennits prior
to spudding the wells.
7. The permittee shall retain the enginecr of record or obtain the services of any professional engineer registered
in the State of Florida for the inspection of the construction of this project. Upon completion the cnginecr
shall inspect for conformity to construction permit applications and associated documents. The Department
shall be notified immediately of any change of engineer.
8. The specifications for a temporary containment structure around the borehole during the drilling of the ASR
well and storage zone monitor wells shall be submitted to and approved by the Department prior to those
wells being constructed.
9. Pumping fluids other than the pre-treated and disinfected stormwater runoff from the Gordon River Water
Quality Park Wetland Treatment System into the injection well will constitute a violation of this permit and
shall constitute cause for revocation.
10. Operational Testin!!
a. Prior to operational testing:
(I) The pennittee shall submit the following infonnation to each member of the T AC:
(a) A draft well completion report with certification of well construction completion by the
Professional Engineer of Record;
(b) Geophysical logs;
(c) Watcr Quality data:
(d) Mechanical integrity test data;
Page 6 of 12
Mr. Eugene Calvert,
Director
Collier County Road Maintenance & Stormwater
2885 S Horseshoe Dr.
Agenda Item No. 1681
June 10, 2008
Permit/Certification Number: 262487-001-UCI1ii~e 14 of 23
Date of Issue: May 6, 2008
Expiration Date: May 5, 2013
County: Collier
SPECIFIC CONDITIONS:
( e) Confining zone data;
(f) Natural background ground water quality samples shall be obtained from the ASR test well and
each monitor well for primary and secondary standards (Chapter 62-550.310 and .320, F.A.C.),
excluding dioxin, asbestos, acrylamide and epichlorohydrin. The analysis shall also include
dissolved oxygen, total uranium, total iron, total and fecal coliform, E. coli, enterococci, Giardia
and Cryptosporidium. "Natural background" means the condition of waters in the absence of
man-induced alterations based on the best scientific infonnation available to the Department
(Rule 62-520.200(12), F.A.C.). The samples shall be taken after final completion and clearance
of drilling fluids from each well, and prior to the initiation of any injection tests.
(g) Source Water Fluid Analvsis
a. Wetland Pre-treated Stormwater
(1) Prior to injection, the Wetland Pre-treated Stonnwater analyses shall include:
(A) Primary and Secondary drinking water standards established in Chapter 62-550, Part
III, F.A.C., (excluding asbestos, acrylamide, epichlorohydrin, and dioxin);
(B) Giardia lamblia and cryptosporidium, fecal coliform, E. coli, and enterococci;
ammonia, total Kjeldahl nitrogen (TKN), total nitrogen, total phosphorus,
orthophosphate, dissolved oxygen, and total uranium.
(2) Six evcnly spaced samples shall be collected during the wct season portion of a one year
period shall be taken from the combined wetland pre-treatment source waters at the pump
station. The sample results shall be completed and submitted to the Department prior to
operational (cycle) testing.
(3) One sample from the combined wetland pre-treated source waters shall be taken annually
for all parameters listed in specific condition 10.a.(1) (g) a.(l) above. The pennittee shall
submit the results of source water analysis to the Department no later than the last day of
the month immediately following the month of record. The results shall be submitted to
.the Department of Environmental Protection, P.O. Box 2549, Fort Myers, FL 33902-
2549. A copy of the reports shall also bc scnt to the Department of Environmental
Protection, Underground Injection Control Program, Mail Station 3530, 2600 Blair Stone
Road, Tallahassee, FL 32399-2400.
The source water analysis may be submitted in digital (i.e.,electronic) format~via direct
Internet electronic mail (e-mail); CD ROM, or utilizing a 3.5" diskette. The file format to
be utilized should be in ExceFM format or comma delimited text (a.k.a. "CSY"). Data
files shall be electronically mailed via the internet simultaneously to both of the
following addresses: cli1vid.rhod"o(~Cd"J2.statcllih' and jC2!'~habclidd((I)dcp.statcjl.lls.
The signatory pages, the laboratory data sheets and diskettes shall still be mailed to the
Department pursuant to the previous paragraph.
(h) As-built well construction specifications
Page 7 of 12
Mr. Eugene Calvert,
Director
Collier County Road Maintenance & Stormwater
2885 S Horseshoe Dr.
Agenda Item No. 16B 1
June 10, 2008
Permit/Certification Number: 262487-00l-UCl18\l(e 15 of 23
Date oflssue: May 6, 2008
Expiration Date: May 5, 2013
County: Collier
SPECIFIC CONDITIONS:
(i) Other data obtained during well construction
(j) Option "A" - The permittee shall provide an updated well inventory and physically verify all
wells deeper than 100 feet below land surface that are within a 0.50-mile radius of the ASR test
well. Operational status, existing use, depth of final casing, and total depth of the well shall be
determined and submitted with the above-mentioned information.
(k) Option "B" - The permittee shall provide an updated well inventory and physically verify all
wells deeper than 300 feet bclow land surface that are within a 0.50-mile radius of the ASR test
well. Operational status, existing use, depth of final casing, and total depth of the well shall be
determined and submitted with the above-mentioned information.
(1) An updated cycle testing plan shall be submitted to and approved by the Department prior to
authorizing operational testing. A preliminary plan was presented in the May 3, 2006 letter from
CH2M Hill to the Department.
b. Written authorization shall be obtained from the Department prior to cycle testing or operational testing.
c. Operational Testing Conditions - ASR Well
Specifications for proposcd Class Y Injection Wcll
Well Number Casing Diameter (ID) and Cased and Total Depths Open Hole (bls)
Tvpe (bls)
ASR-I(Option"A") 16" ID Sch 40 PYC 270'/400' 270'-400'
Well Number Casing Diameter (10) Cased and Total Depths Open Hole (bls)
(bls)
ASR - I (Option"B") 16" ID Sch 40 PYC 600' 1700' 600' -700'
The injection well system shall be monitored in accordance with rule 62-528.615, F.A.C. The following
injection well performance data shall be recorded and reported from the injection well instrumentation in
the Monthly Operating Report as indicated below during each recharge and recovcry cycle. Samples and
measurements taken for the purpose of monitoring shall be representative of the monitored activity.
Reoortinl!
Parameter I Freauencv
Maximum Injection Pressure (psi) I Daily/Monthlv
Minimum Injection Pressure (psi) I Daily/Monthly
A veraQ:e Injection Pressure (osi) Monthly
Maximum Flow Rate DailylMonthly
Minimum Flow Rate DailylMonthly
A verage Flow Rate Monthly
Total Volume Recharged (Gals) Dailv/Monthly
Total Volume Recovered (Gals) Daily/Monthly
Net Storage (MG) Monthly
Page 8 of 12
Mr. Eugene Calvert,
Director
Collier County Road Maintenance & Stormwater
2885 S Horseshoe Dr.
Agenda Item No. 1681
June 10, 2008
Permit/Certification Number: 262487 -00 I-U(f,la~e 16 of 23
Date of Issue: May 6, 2008
Expiration Date: May 5, 2013
County: Collier
SPECIFIC CONDITIONS:
Water Oualitl! Parameters Samnling Freauencv
Gross Alpha (pCi/L) *lsee below)
Crvotosporidium and Giardia lamblia Monthlv !Iniectate onlv)
E. coli and Enterococci Monthlv (]niectate onlv)
Total Trihalomethanes (mvL) Weeklv
Dissolved Oxvgen (mvL) Weeklv
Total Iron (mg/U Weeklv
Arsenic (ug/L) Weeklv**
Total Dissolved Solids (mo/L) Weeklv
Snecific Conductivity (umhos/cm) Weeklv
Total Alkalinil\< (moiL) Weeklv
nH!SU\ Weeklv
Chloride (mg/L) Weeklv
Sulfate (mg/L) Weekly
Field Temperature (OC) Weeklv
Color (color units) Weeklv
Odor (TON) Weeklv
Fecal Coliform (# oer 100 ml) Weekly
Total Coliform (# ner lOa ml) Weeklv
Oxidation-Reduction Potential Weekly
Primary and Secondary Drinking Water Standards (]njectate, Annually***
(Recharge), Water Only)
*Beginning of recharge cycle and the beginning and end of each recovery cycle.
**Twice weekly during recovery; once weekly during injection.
***Plus giardia lamblia, crvntosDoridium oarvum, dissolved oxygen, total iron, total uranium, ammonia, total Kjeldahl
nitrogen (TKN), total nitrogen, total phosphorus, orthophosphate fecal coliform, E. coli, and enteroccoci (asbestos,
acrylamide, epichlorohydrin, and dioxin are excluded).
d. Operational Testing Conditions - Monitor Well System Monitor Wells
"
Ootion "A
Well Number Casing DIameter Depth (bls) Group or Formation Monitoring Interval
(ID) Casedrrotal (bl;\
SZMW-t 6" Sch ryC 270'/400' Mid Hawthorn Aauifer 270'-400'
SZMW-2 6" Seh ryc 270'/400' Mid Hawthorn Aauifer 270' -400'
SMW-I 6" Sch rye 130'/160' Tarniarni/Sandstone Aauifer 130'.160'
"B"
Ootion
Wen Number Casing Diameter Depth (bls) Group or Formation Monitoring Interval
aD) Cased/Total (bl~)
SZMW-t 6" Sch ryC 600' /700' Lower Hawthorn Aouifer 600' -700'
SZMW-2 6" Sch ryc 600'/700' Lower Hawthorn Aauifer 600'-700'
SMW.t 6" Sch rye 350'/400' Mid Hawthorn Aouifer 350'-400'
Page 9 of 12
Mr. Eugene Calvert,
Director
Collier County Road Maintenance & Stormwater
2885 S Horseshoe Dr.
Agenda Item No. 1661
June 10, 2008
Permit/Certification Number: 262487-001-UCl/ii~ 17 of 23
Date of Issue: May 6, 2008
Expiration Date: May 5, 2013
County: Collier
SPECIFIC CONDITIONS:
All monitor wells shall be monitored in accordance with rule 62-528.615, F.A.C. The following monitor
well performance data shall be recorded and reported from the monitor well instrumentation in the
Monthly Operating Report as indicated below during all recharge, storage and recovery cycles of the
injection/production wells. Samples and measurements taken for the purpose of monitoring shall be
representative of the monitored activity.
During extended storage periods (greater than 30 days), the monitor well water quality parameters listed
below may be sampled and analyzed monthly.
Renortinl!
Parameter Freouencv
Maximum Water Level or Pressure (feet NA VO or Dsi) Daily/Monthlv
Minimum Water Level or Pressure (feet NA VD or psi) Daily/Monthly
Average Water Level or Pressure (feet NA VD or psi) Monthly
Water Oualitv Parameters Samplillg Frequellcv
Gross Alpha (pCi/L) (SZMWonly)'
Total Trihalomethanes (mg/L) Weekly
Dissolved Oxvgen (mg/L) Weeklv
Total Iron (mg/L) Weekly
Arsenic (~g/L) Weekly"
Total Dissolved Solids (mglL) Weekly
Specific Conductivity (~mhos/cm) Weekly
Total Alkalinity (mvL) Weekly
pH (SU) Weekly
Chloride (mg/L) Weekly
Sulfate (mg/L) Weekly
Field Temperature (ec) Weeklv
Color (color units) Weekly
Odor (TON) Weekly
Fecal Coliform (# per 100 ml) Weekly
Total Coliform (# per 100 ml) Weekly
Oxidation-Reduction Potential Weekly
*Beginning and end of each recovery cycle. **
Twice weekly during recovery for SZMW -1 and SMW-I
e. A qualified representati ve of the Engineer of Record must be present for the start -up operations and the
Department must be notified in writing of the date operational testing began for the subject wells.
f. Before authorizing operational testing the Department shall conduct an iuspection of the facility to
detcrmine if the conditions of the permit have been met.
g. The permittee shall calibrate all pressure gauge(s), flow meter(s), chart recorder(s), and other related
equipment associated with the injection well system on a semi-annual basis. The permittee shall maintain
all monitoring equipment and shall ensure that the monitoring equipment is calibrated and in proper
operating condition at all times. Laboratory equipment, methods, and quality control will follow EP A
guidelines as expressed in Standard Methods for the Examination of Water and Wastewater. The
pressuregauge(s), flow meter(s), and chart recorder(s) shall be calibrated using standard engineering
methods.
Page 10 of 12
Mr. Eugene Calvert,
Director
Collier County Road Maintenance & Stormwater
2885 S Horseshoe Dr.
Agenda Item No. 1681
June 10, 2008
Permit/Certification Number: 262487-001-UCli'iiI;:e 18 of 23
Date of Issue: May 6, 2008
Expiration Date: May 5, 2013
County: Collier
SPECIFIC CONDITIONS:
h. The permittee shall submit monthly to the Department the results of all injection well and monitor well
data required by this permit no later than the last day of the month immediately following the month of
record. The results shall be sent to the Departmcnt of Environmental Protection, P.O. Box 2549, Fort
Myers, Florida 33902-A copy of this report shall also be sent to the Department of Environmental
Protection, Underground Injection Control Proi,,'l'am, MS 3530, 2600 Blair Stone Road, Tallahassee,
Florida 32399-2400.
1. If injection is to continue beyond the expiration date of this permit, the permittee shall apply for and
obtain an operation permit. If necessary to complete the operational testing period, the permittee shall
apply for renewal of the construction permit at least 60 days prior to the expiration date of this permit.
I I. Prior to commencement of operational testing of the ASR well, the pennittee shall obtain from the
Department a Water Quality Exemption for any and all necessary parameters pursuant to Rule 62-520.500,
F.A.C.
12. This project will be monitored by the Department with the assistance of the U.S. Environmental Protection
Agency (USEP A), Region 4, and the Technical Advisory Committee (T AC) that consists of representatives of
the following agencies whose addresses are included below:
a. Department of Environmental Protection - Fort Myers
b. Department of Environmental Protection - Tallahassee
c. South Florida Water Management District - West Palm Beach
Florida Department of Environmental Florida Department of Environmental South Florida Water Management
Protection Protection District
South District Office Bureau of Water Facilities Regulation P.O. Box 24860
P.O. Box 2549 ule Program, Mail Station 3530 West Palm Beach. FL 33416-4860
2295 Victoria Avenue, Ste 364 2600 Blair Stone Rd.
Fort Myers, FL 33902-2549 Tallahassee, FL 32399-2400
13. The permittee shall provide copies of all construction-related correspondence relative to this pennit to each
member of the T AC listed in specific condition 12.a. through d. above. Such correspondence includes but is
not limited to reports, schedules, analyses and geophysical logs rcquired by the Department under thc terms of
this pennit. The permittee is not required to provide specific correspondence to any T AC member who
submits to the permittee a writtcn request to be omitted as a recipient of specific correspondence.
14. During the construction period allowed by this pennit, daily progress reports shall be submitted to the
Department and the Technical Advisory Committee (not the USEPA) each week. The reporting period shall
run for seven (7) days and reports shall be mailed or electronically mailed within 48 hours of the last day of
the reporting period. The report shall include, but is not limited to the following:
a. Description of daily footage drilled by diameter of bit or size of hole opener or reamer being used;
b. Description of work during installation and cementing of casing, including amounts of casing and cement
used;
c. Description of formation and depth encountered;
d. Lithological description of drill cuttings collected every ten feet or at every formation change;
Page 11 of 12
Mr. Eugene Calvert,
Director
Collier County Road Maintenance & Stonnwater
2885 S Horseshoe Dr.
Agenda Item No. 16B1
June 10, 2008
Permit/Certification Number: 262487-001-UCFlii~e 19 of 23
Date of Issue: May 6, 2008
Expiration Date: May 5, 2013
County: Collier
SPECIFIC CONDITIONS:
e. Description of work and type of testing accomplished including geophysical logging and pumping tests;
f. Description of any construction problems that develop and their status;
g. Copies of the driller's logs; and
h. Accurate records of the amount and type of any material used during construction to kill the flow of the
wells.
IS. No drilling operations shall begin without an approved disposal site for drill cuttings, fluids or waste. It shall
be the Drilling Contractor's responsibility to obtain any necessary Department and local agency approval for
disposal prior to the start of construction.
16. After completion of construction and testing, a final report shall be submitted to the Department and the
T AC., with only the cover letter sent to USEP A. The Department and T AC addresses are as follows:
Underl,'found Injection Control Prol,'fam
Bureau of Water Facilities Regulation
Department of Environmental Protection
2600 Blair Stone Road, Mail Station #3530
Tallahassee, FL 32399-2400
Underground Injection Control Program
Department of Environmental Protection
South District Office
2295 Victoria Avenue, Ste 364
Ft Myers, FL 33902-2549
The report shall include, but not be limited to, all information and data collected under Sections 62-528.605,
62-528.610,62-528.615 and 62-528.620, F.A.C., with appropriate interpretations. Mill certificates for the
casing(s) shall be included in this report. The report shall be certified by a P.E. and P.G.
17. The pennittee is remindcd of the necessity to comply with the pertinent regulations of any other regulatory
agency, as well as any county, municipal, and fedcral regulations applicable to the project. These regulations
may include, but are not limited to, those of the Federal Emergcncy Management Agency in implementing
flood control measures. This permit should not be construed to imply compliance with the rules and
regulations of other regulatory agencies.
Note: In the event of an emergency the permittee shall contact the Department by calling Ph. (800) 320-0519.
During normal business hours, the pennittee shall call (239) 332-6975.
Issued this 6th day of May 2008.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
.flJ~
Jon M. Iglehart
Director of District Management
JMVDR /mac
Page 12 of12
Agenda Item No. 1681
~une 10, 2008
Page 20 of 23
,
PROJECT: Freedom Park (aka Gordon River Water Quality Park)
PARCEL No(s):
FOLIO No(s): 13800022000
INTERLOCAL AGREEMENT TO CONSTRUCT AN
AQUIFER STORAGE AND RECOVERY (ASR) TEST WELL
AND TO CONVEY A TEMPORARY EASEMENT
THIS Interlocal Agreement to Construct An Aquifer Storage and Recovery Test
Well and to Convey a Temporary Easement (hereinafter referred to as the
"Agreement") is made and entered into on this _ day of May, 2008, by and
between the CITY OF NAPLES, whose mailing address is 380 Riverside Circle, Naples,
FL 34102, (hereinafter referred to as "City"), and COLLIER COUNTY, a political
subdivision of the State of Florida (hereinafter referred to as "County"), whose maiiing
address is 3301 Tamiami Trail East, Naples, Florida 34112.
WHEREAS, City requires a Temporary Easement for the Freedom Park over,
under, upon and across the lands described in Exhibrt "A", which is attached hereto and
made a part of this Agreement (hereinafter referred to as the "Easement"): and
WHEREAS, County desires to convey the Easement to the City for the following
stated purposes, on the tenms and conditions set forth herein; and
WHEREAS, City has agreed to hire a contractor to construct one, (1), Class V,
Group 7, Aquifer Storage and Recovery Test Well at the Freedom Park at no cost to the
County (the "ASR Test Well"): and
WHEREAS, City will provide Construction, Engineering and Inspection services
through out the construction of the ASR Test Well and associated facilities; and
WHEREAS, City will provide a schedule and progress reports on the construction
of the ASR Test Well to the County: and
WHEREAS, County is the permittee for the ASR well: and
WHEREAS, City will be responsible to adhere to the permit requirements and
condrtions stated in the Department of Environmental Protection penmit number
262487-001-UC/5X (See Exhibit "B," attached); and
WHEREAS, County and City have detenmined and mutually agree that it is
economically advantageous and in the best interest of the public to consummate this
Agreement.
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:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. County and City agree to do all things which may be required to give effect to this
Agreement immediately as such requirement is made known to them or they are
requested to do so, whichever is the earlier.
3. County agrees, represents and warrants the following:
(a) County has full right, power and authority to own and operate the property
underlying the Easement, to enter into and to execute this Agreement, to
execute, deliver and perform its obligations under this Agreement and the
instruments executed in connection herewith, to undertake all actions and
I
;
Agenda Item No. 16B1
J!Jne 10, 2008
Flage 21 of 23
,
to perform all tasks required of County hereunder and to consummate the
transaction contemplated hereby.
(b) No party or person other than City has any right or option to acquire the
Easement or any portion thereof.
(c) The property underlying the Easement, and all uses of the said property,
have been and presently are in compliance with all Federal, State and
Local environmental laws: that no hazardous substances have been
generated, stored, treated or transferred on the property underlying the
Easement except as specifically disclosed to the City: that the County has
no knowledge of any spill or environmental law violation on the property
contiguous to or in the vicinity of the Easement to be granted to the City,
that the County has not received notice and otherwise has no knowledge
of: a) any spill on the property underlying the Easement: b) any existing
or threatened environmental lien against the property underlying the
Easement; or c) any lawsuit, proceeding or investigation regarding the
generation, storage, treatment, spill or transfer of hazardous substances
on the property underlying the Easement.
(d) County shall not be responsible for, nor shall County dictate upon City
construction means. methods, techniques, skills, sequences or
procedures of construction relating to the ASR Project. The
aforementioned responsibilities during construction shall remain with the
City and or its contractor and/or the contractor's subcontractors.
4. County agrees to grant the Easement for the purpose of constructing one, (1),
Class V, Group 7, Aquifer Storage and Recovery (ASR) Test Well at the
Freedom Park an easement for access. This Easement shall expire upon thirty
(30) days after final completion of the Test Well unless the parties mutually
agree to extend that period through a separate written document amending this
Agreement.
5. City agrees, represents and warrants the following:
(a) City shall coordinate and confer wllh the County, environmental agencies
and other similarly situated parties as necessary throughout the
construction of the ASR Test Well.
(b) City shall put the ASR Test Well project out to bid in accordance with
Florida law, hire and remit payment to a contractor to construct the ASR
Test Well and oversee the construction of the ASR Test Well in close
coordination with County staff.
(c) City will provide a schedule and progress reports to the County upon the
commencement of construction of the ASR Test Well through its
conclusion. City agrees to regularly communicate with the County and
respond to inquiries regarding the ongoing project within a reasonable
period of time during the construction period.
(d) Upon completion of the construction of the ASR Test well, including all
work authorized under any change orders and supplemental agreements,
City shall conduct a final inspection of the work, which final inspection
shall include the County's designated agent/representative, prior to City's
issuing a final payment to its contractor.
(e) All contracts entered into by City for the construction of the ASR Test Well
shall require the party contracting wllh City to save harmless, indemnify
and defend County and its agents, officers and employees from any and
all claims, iosses, penalties, demands, judgments, and costs of suit,
including attorney's fees, or any expense, damage or liability incurred by
any of them, whether for personal injury, property damage, direct or
2
Agenda item No. 16B 1
June 10, 2008
page 22 of 23
,
I
;
consequential damages or economic loss, arising directly or indirectly on
account of or in connection wijh the work done by City's contractor
pertaining to the construction of the ASR Test Well or by any person, firm
or corporation to whom any portion of the ASR Test Well is subcontracted
by City's contractor.
(f) City shall be solely responsible for all costs directly and indirectly
associated with all design, construction and contract administration
services to be performed in connection with the ASR Project.
(g) City shall provide County wijh all State directives and communications
received during the construction of the ASR Test Well and provide two (2)
sets of the approved construction plans and executed contract documents
for the ASR Test Well project prior to commencement of construction
activities by the City's contractor.
(h) City's contractors shall maintain insurance in the following amounts:
(i) $1,000.000.00 in pollution liability coverage:
(ii) $1,000,000.00 in employer's liability coverage:
(iii) $1 ,000,000.00 in general liability coverage;
(iv)$500,000.00 in automobile liability coverage; and
(v) Statutory minimum for workers' compensation coverage.
In addition, the City's contractors shall add the County as an additional
insured on its general liability insurance policy.
6. City and County mutual agree and represent:
(a) City shall match any grant funding for the ASR Test Well project received
from the South Florida Water Management District, Big Cypress Basin, up to
the amount of $561 ,000.
(b) If after construction of the ASR Test Well the Parties mutually agree that
the test well failed to result in a successful production of water resources, the
project between the Parties shall be concluded and shall terminate as
provided in paragraph seven (7), infra.
(c) If after construction of the ASR Test Well the Parties mutually agree that
the test well resulted in a successful production of water resources and the
County decides that it wishes to proceed with a further phase of the project
by pursuing the construction of an Aquifer Storage and Recovery Well
System, the Parties agree to cooperate and enter into negotiations to discuss
the possibility of future contributions to develop the ASR Test Well, as well
as, a sharing of a percentage of the volume of water emitted from a fully
developed ASR Well System.
7. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both 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 and shall terminate upon the
completion of services and responsibilities mutually performed by City and
County to the written satisfaction of each other.
8. Whenever necessary, the Parties shall cooperate to fulfill their respective
obligations under this Agreement.
3
1
Agenda 'Item No. 16B 1
'June 10, 2008
'Page 23 of 23
9. This Agreement shall only be amended or cancelled by mutual written consent of
the parties hereto or by their successors in interest.
10. Should any part of this Agreement be found to be invalid, then such invalid part
shall be severed from the Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect and not be affected by such
invalidity.
11. This Agreement is govemed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
ATTEST:
AS TO THE CITY OF NAPLES:
Cierk, City of Naples
Approved as to form and
legal sufficiency:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
BY:
TOM HENNING, Chairman
Approved as to form and
legal sufficiency:
Collier County Attorney
4