Approve Declaration of Restrictive Covenant Between the School Board of Hillsborough County and the Florida Department of Environmental Protection ("FDEP") at McLane Middle School

During the 2003 removal of an oil tank at McLane Middle School, an area of leakage was detected under the foundation of the gymnasium building.  At that time, it was determined the cleanup required was cost prohibitive and would have compromised the foundation of the building.  The source of the contamination, the oil tank, was removed, along with the reduction of the contaminated soil.  These procedures, along with the fact the school has a domestic water supply, enabled School Board staff to negotiate a Restrictive Covenant with the FDEP.  This Covenant requires the School Board to complete a full clean up in the event the building were ever demolished or a new structure constructed.

The restrictions and engineering controls contained in the Covenant allow the FDEP to monitor School Board compliance and issue a Site Rehabilitation Completion Order.

The Covenant will be recorded and will be a part of any potential land conveyance deed or lease.  The area affected is .96 +/- acres (Exhibit "A") of the total campus comprised of 19.22 +/- acres (Exhibit "B")