Folio #00210000007 & #00209960006
PROJECT: BIG CORKSCREW ISLAND REGIONAL PARK
PARCEL: CANALS & RESERVOIR
FOLIO: 00210000007 and 00209960006
Accepted and Approved by BCC October ..!..!..-, 2011, Item J!qEfJ
MAINTENANCE AGREEMENT
(Canals and Reservoir)
THIS MAINTENANCE AGREEMENT (hereinafter referred to as "Agreement") is made
and entered into this ~ day of October- , 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.
WIT N E SSE T H:
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 10/3/11
10f5
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:
With copy to:
As to Partnership:
With copy to:
Collier County Government
Office of the County Manager
3299 East Tamiami Trail, Suite 200
Naples, Florida 34112
Collier County Government
Office of the County Attorney
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Bryan W. Paul
5701 Ft. Denaud Road
LaBelle, Florida 33935
M. David Alexander, Esq.
Peterson & Myers P A
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. In 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
-ili:h- day of~, 2011.
Big Corkscrew Island Regional Park
Revised 10/3/11
30f5
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 term "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
20f5
Date agreement accepted by BCC: ~+. II ) d.OI \ .J3-e.M I to E 7
AS TO COUNTY:
DATED:~
"
t
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Atted..S.. to .'
a1nAatu't/,:O:n"t~... ::)'
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AS TO DISTRrt:T:
DATED:~111 III
ATTEST:
DWIGHT E. BROCK, CLERK
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At t d ,to Ct\4.\Mllt> :1
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AS TO PARTNERSHIP:
DATED: {Jd..3 .20tl
,
WIT~SSES:^ .
~~jL
Witne s (SI.lWature)--...
Name: carn~
(Print or Type)
-) .I
/,
: /l~-l2-
Witness (Si
Name:
(Print or Type)
.,
~K <,J./
W. Keel
Big Corkscrew Island Regional Park
Revised 10/3/11
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~o~~.~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,'AS:IHE""
EX-OFFICIO GOVERNIN9':~ARn' Ot' "\
THE COLLIER COUNTY:\1(ATER~S1;:WER'\ \.
DISTRICT ~ . . "" t. .
~: :' \ ; ;/ ~
~W tLt, .,
By: FRED W. COY~E, ~h~;':,
THE BRYAN W. PAUL FAMILY LIMITED
LIABILITY LIMITED PARTNERSHIP,
a Florida limited partnership
By: BRYANPAULMANAGEMENT,LLC,
a Florida limited liability company
Its General Partner
, c (\
By: \~~ '\t\\]
JtES C. PAUL, Manager
40f5
Approved as to form
and legal sufficiency:
JJA~ A- {jru
Heidi Ashton-Cicko
Assistant County Attorney
Attachments: Exhibit A - Legal Description
Exhibit B - Pollution Control & Prevention Dept. Report dated August 23,2011
CP\II-PRC-01793\112
Big Corkscrew Island Regional Park
Revised 10/3/11
50f5
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2. Thle property Ie evoJect to any feet. thet mey I
be revealed wlth 0 full end accurete title eearch.
3. All dlmentlone ere In teet end declmole
thereof, vnl... othetwiee noted.
SURVEYOR'S REPORT INOTES
,. eeerinq. ore bo.ed on Wnt line of Section
13 being S02'OQ'S?"W.
4. SUbject to lJ!!!1.m.enta. re.ervotlon. end
reatrlctlOll.of record.
LEGEND
poe - POINT OF BEGINNING
POC - POINT OF COMMENCEMENT
SURVEYOR'S CERTIFICATE
FOil THE ncLUSlVE lIIf Orl
COWEll COUNTY.IIlll,t1'~J1R~
1509-519 01" THE PUBLIC
f( 1322. PACts
14. TOWNSHIP 48 SOUTH.
, COIJ.lER COUNl:Y. FlORIDA; THENCE
FEET TO A POINT ON THE NORTH UNE
$-519 OF' THE PUBUC ~ECORDS OF'
'1'lU' i. NOT a Survey.
EXHIBIT liB"
Pollution Control & Prevention Department Report - Au~ust 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.
. 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 must 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
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 % ofthe 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
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 PCP D's
initial and follow-up site visit.
Site A: Storm Water Pump Station at land BridR:e
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(I)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
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 West side ot 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 (PCP D) 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 C: Out-ot-Service Storage Tanks South ot 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-walled 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
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: Drv Chemical Storage Units and Mixing Tank located iust 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
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16E 7
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines III through 114 as appropriate for additional signatures, dates> and/or infonnation needed. If the document is already complete with the
exce tion of the Chainnan's si ature, draw a line throu routin lines III throu 114, com lete the checklist, and forward to Ian Mitchell (line 115 .
Route to Addressee(s) Office Initials Date
(List in routin order)
1.
2.
3.
4.
5. Ian Mitchell, BCC Office
Su ervlsor
6. Minutes and Records
Board of County Commissioners
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Ian Mitchell> need to contact staff for additional or missing
infonnation, All original documents needing the BCC Chainnan's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff SUE ZIMMERMAN Phone Number 252-2622
Contact
Agenda Date Item was October 11,2011 Agenda Item Number 16E7
Approved by the BCC
Type of Document Maintenance Agreement Number of Original 2
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney, This includes signature pages from ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 10/11/11 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne '5 Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A (Not
A licable)
2.
3.
4.
5.
6,
]10
rJ/A
N)A
I: Fonns/ County Fonns/ BCC Fonns/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05. Revised 9.18.09