Loading...
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 ....... . ~.~. . Atted..S.. to .' a1nAatu't/,:O:n"t~... ::)' · ..-;r~~~,\'\ "' AS TO DISTRrt:T: DATED:~111 III ATTEST: DWIGHT E. BROCK, CLERK -./0" "'-', . . S.:'A':;'[, ",' .,:,;:.}.......... . -.....f... ,'" At t d ,to Ct\4.\Mllt> :1 {i1~ature' O,~.~..... ~.~.) ... ._~ .. ~ ;~-~ ..... ;. 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 ./ ...............,....-..-'..-..,'-... ......-,..-............-....-,.,. UNN11tIl UIlPI.Amo N ~ Ii 1 GRAPHIC SCALE ........ lJ: ~ . I I !II . j ;;r ! I I q _rr~ ~~.-- (u.. ~ !J. tto3) II ro_.\ .lI.t. 14>> I II 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 =~!l !:~ ,-I' 'lS~ln.RII.!I~IWI;j~1 wi": E' .. - r 'II!~ II 518 I~a l;-~' i!B;~JIII 1!~'\llill .15 "I I"!I gf ~ · IJJ~ rib ~r;lbi'fl:51IJJ;:IIIJlIII'I' II :. :1, I. 0' · h I~i I~II ;~~~rlv!~~rD~I'r'II'I~~~.::!II' ~nl ,~ ! 'I ~ ~: ~ Ii Ii '. II l~rIIlJelr.... ai, ,sl u~!! l> !Ii I~ I . ~ IJ r I ~~I Itli 1;11~1~:III:I;I~IIII11li~~~~11 i! IIII ! I !ud Ii' .ril, ,Ih Ii .~ 01. I ~I ~I.. Ill. I III 1 ~ J~~ il'i .'flll'lllllrlldi;!I'III:II:~ :'II"I,:,ldllm III "Ji%lll.i~ 1~.II!II.,I:rll!Dll'.dr.l>lil I; r ; ~ltI"II:~ . _ _ ~___ _ !:.!. II,; :i)otl;:I;:I! I ~.i!!II)ollli!I;I' II I(~III- ;5:11'111'115 ~ ----llliiS III. i III a · r 1-'1111 ,Ia.' a rl r. lei It' I~ ~ - - - - - - I Ii" I~I ~~il,l !'I~';iUII ~'I~i"l! ; Ii 1111:1 !I~!'~IIII : l!ijl :lii! :l!i;!;;!i!~!ji!i~;:!i!!1!;1!: II~ :ilili', 11j"':1 ! :*111 1m, 1!~dl!~nln,dli;nillu!l! Illii,lln!III,I,I,lrli. -..."..........1' I .' /,"" ~{, ~! :'i I~ ~w..!! i ~ I : \ ,../ i ~ :! '...._ // ~u_n____I~ ___nn______u__________n~ " t ! r. I --- -~~'iJ!tl"<t--t- -- - -.!--! -- - ----- _m~ i · i' : OJ i--.----.--..--.-..-.. ------,--,-1 +-' : __ I V) , ._.._.._--_..~ ....~_. ' .. _"_ .._.._.._..__.-1-. __ __' ._. __ ","_" _.._ \,~:~~~~ \"1 ~l OJ · \ \.:..-..- ...... \ ' - . ' , - - ---"'" \ '. I ...., --...;:.. .i . -..."-"-"1"-"-" '. ..-.-..-../ '-........ V) .. ~ c'--.. ...1"'Wl..='1'::- ~ 01 "~.,- .. . . r , ' - - - ..,.....,.... - - I ~ I / -~~ It' 13 \~ .. \ ~ /1 . \.,........,1 :' ,....... ..,,1' ,/ - _-a_ I , . , I . -~----y- ,-~~_. ---.-.. . , I ~ , . I . -"-I'-'~-" , , , I , , , J -, r. ~ I: I I . t ~..;J. w; u; .~ i.lI" ~i~ · · Ii i : I !IIi !ll II nUl lUlU ,!. : ~i filtH ., ,,".J I Q ii 0 .9 .i 5 \,: ~ ~I . il;': f .Ji I 'l,,11 C' E I , . . I ~Ji ~ll , ~ II . --, -.... , i r I . -~--1ii!i!S ! ... i I! i S Iii I 0: ~Ia ~ J .. .. I ~ .1...."'""1. ~ ......ulltt to '8 I nr.-!!Iih t l"I~."r I I IJI!~ 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