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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. 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