BRIAN & CELIA PATRICK - CONTAMINATION ASSESSMENT RIGHT OF ENTRY
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CONTAMINATION ASSESSMENT & REMEDIAL ACTIVITIES
RIGHT OF ENTRY
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City of Clearwater Public Works Administration
Project Development and the Environment Group
PO Box 4748
Clearwater. FL 33758-4748
(727) 562-4745
This Right of Entry is intended to provide an agreement between the City of Clearwater (hereinafter "City") and it's
representatives and the owner/operator (hereinafter "Owner") of property located at 405 N. Myrtle Avenue
(hereinafter "Property") in order to perform Contamination Assessment and/or Remediation Activities required by
the Florida Department of Environmental Protection (hereinafter "Department"). Assessment and/or Remediation
Activities required on the City Owned Site listed below cannot be completed without entry to the "Property".
SITE TO BE ACCESSED
Owner's Name: Brian and Celia Patrick 1854 Venetian Point Drive Clearwater, FL
Address:
405 North Mvrtle Avenue
Clearwater. FL 33755
Legal Description: Parcel #1 10/29/15/10044/001/0010 Lots 1,2.3,&4, Block A. Bonair, Platbook 5, Pq 77
Parcel #2 10/29/15/22518/000/0360 Lots 36,37,38,39&40, Drew Park, Platbook 3, pq 40
CONTRACTOR/CONTRACTOR INFORMATION
Contractor/Contractor Name: Environmental ConsultinQ & TechnoloQY, Inc. (ECT)
Contact Name: Mark A. Culbreth. P.G. Proiect ManaQer
Address: 5405 Cvpress Center Drive. Suite 200
Tampa. FL 33609
Phone:
(813) 289-9338
(813) 289-9388
FAX:
CONTAMINANT SOURCE PROPERTY REQUIRING ASSESSMENT AND/OR REMEDIATION
Site Name:
Clearwater Gas
Address:
400 N. Mvrtle Avenue
Clearwater, FL 33755
Property Owner:
Citv of Clearwater
Contact Name:
Karma A. Killian (727) 562-4745
OGC Case #:
93-0230
THIS RIGHT OF ENTRY IS SUBJECT TO ALL OF THE FOLLOWING TERMS AND CONDITIONS:
1. All activities to be performed on the "Property" under this Right of Entry shall be limited to activities
authorized or required by the "Department".
2. All assessment and remediation activities to be performed under this Right of Entry will be
approved by the City of Clearwater Environmental Programs Coordinator prior to commencement.
A full description of activities to be performed, including diagrams and locations of proposed
monitoring wells on the "Property" shall be provided to the "Owner" prior to commencement.
3. All activities performed under this Right of Entry shall be performed in a manner that will not
interfere with daily operations on the "Property".
4. The City Contractor shall observe any and all applicable local, state and federal safety, health and
environmental regulations.
5. The City Contractor shall conduct its activities in a manner so as to minimize damage to existing
site conditions. Any disturbance found to be unacceptable to the "Property" owner resulting from
the activities of the City Contractor or its representatives shall be repaired or corrected to the
satisfaction of the "Property" owner within 10 working days. The City Contractor shall be
responsible for repairs to any utilities damaged due to activities conducted at the "Property".
6. After City approval of assessment or remediation activities, a minimum of 24 hours notice shall be
given to the "Property" owner by the City prior to the installation or removal of any monitor wells or
equipment or the initiation of any monitoring (sampling) or remediation activities.
7. Copies of all reports involving assessment activities conducted on the "Property" shall be provided
to the "Owner". If remedial action is required by the "Department", a copy of the Remedial Action
Plan involving the "Property" shall be made available for review by the "Owner" prior to
commencement of remedial activities on the "Property". A copy of the Site Rehabilitation
Completion Order shall be submitted to "Owner" upon completion of site assessment and/or
remediation activities. The "Owner" may contact the City Project Manager, Karma A. Killian at (727)
562-4745 at any time for access to reports.
8. Any samples, waste materials, soil cuttings, hazardous materials or contaminants resulting from
activities conducted under this Right of Entry shall be the sole property of the City of Clearwater,
and shall be stored on the Contaminant Source Property located at 400 North Myrtle Avenue, and
handled, treated, transported and disposed of in accordance with all applicable local, state and
federal laws, regulations and ordinances. Copies of all waste disposal manifests resulting from
assessment and/or remediation activities at the "Property" shall be provided to the "Owner".
9. The Contractor shall remove all tools and equipment of the Contractor or its representatives within
a reasonable time after completion of work. Upon completion of site rehabilitation, any monitor
wells installed by the City Contractor or its representatives shall be properly abandoned in
accordance with the Rules of the Southwest Florida Water Management District Chapter 40D-3.
10. Contractor will attempt to place monitor wells in areas least likely to be disturbed by future
development of the "Property". The "Property" owner will not be responsible for damage to or
destruction of existing wells installed under this agreement, only if the City is notified a minimum of
30 days prior to any construction activities, and allowed access to the property to protect the wells.
11. The City shall provide written notice of project completion to the "Owner" within 30 days of the
issuance of a Site Rehabilitation Completion Order from the "Department".
roGHT OF ENTRY AGREEl'ltENT
RE: Parcel#1 10/29/15/10044/001/0010 Lots 1,2.3,&4, Block A, Bonair, Platbook5. Pq 77 and,
Parcel #2 10/29/15/22518/000/0360 Lots 36,37,38.39&40, Drew Park, Platbook 3. pq 40
Brian and Celia Patrick, being the legal owners of that real property, legally described as above written,
said parcels being a part of that certain subdivision plat as recorded in Plat Book 5, Page 77, and
Platbook 3, Page 40, of the Public Records of Pinellas County, Florida, by and through the
undersigned authority does hereby agree and stipulate as follows:
1) The City of Clearwater and ECT, Inc. (City and Contractor), its employees, agents and designees,
are hereby granted the right and privilege of entry, ingress and egress over and across the above
described property located at 405 N Myrtle Avenue for the purposes of Contamination Assessment
Activities required by the Florida Department of Environmental Protection.
2) In consideration of the rights granted herein, the City of Clearwater and the City Contractor, its
employees, agents or designees, agree that all persons entering the property by virtue of the rights
herein granted shall do so at their own risk. Under this agreement, the "Owner" accepts no liability
for any environmental conditions discovered during activities associated with and emanating from
the "Contaminant Source Property".
3) The City Contractor agrees that it shall provide evidence of insurance prior to commencement. The
City Contractor further agrees that its employees, agents or designees shall not engage in any
activities which could result in any mechanics liens being filed against the property.
4) The City of Clearwater and its Contractor agree to hold the property "Owner" harmless from any
and all claims for injury and all liability for property damages arising during and in connection with
all activities undertaken by the City of Clearwater and its Contractor, its employees, agents or
designees pursuant to privileges granted herein; provided, however, that in no event or under any
circumstances shall the City of Clearwater incur any financial liability that would exceed statutory
limits as set forth in Section 768.28, Florida Statutes (copy attached).
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Print Name: (!.EL.//} /'/fT/<./tKj g/(jI9N fJ/1rI?ICk
PROPERTY OWNER
By: Gll;;'; j)~~
ENVIRONMENTAL CONSUL TIN~HNOLOGY, INC.
BY~ ~1.~
Print Name: Bradley S. Pekas. M.S.,P.G.,P.E.
Its: Vice-President
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WITNESS my hand and seal this <Q day of - TQ~ '/
Attest r,~~~?' JL,~ '.
Cynth E. Goudeau
City CI rk
,2001