BROWNFIELDS SITE REHABILITATION AGREEMENT FOR DIMMIT CHEVROLET PROPERTY B
Department of
Environmental Protection
.100 Bush
Governor
Southwest District
3804 Coconut Palm Drive
Tampa, Florida 33619
David B. Struhs
Secretary
July 31, 2001
Certified Mail:
Return Receipt Requested
Miles Ballogg, Brownfields
City Manager's Office
City of Clearwater
112 South Osceola Avenue
Clearwater, Florida 33756
Coordinator
Re: Executed Brownfields Site Rehabilitation Agreement
Dimmit Chevrolet Property B
901-927 Cleveland Street
Clearwater, Florida
Brownfields Site Identification No. 529701002
Dear Mr. Ballogg,
Please find enclosed the executed Brownfields Site
Rehabilitation Agreement (BSRA) for the above-referenced site. The enclosed
BSM is an original with signatures for your records. The agreement is
effective on the date of execution (i.e., July 26, 2001) unless a timely
peti tion for an administrative hearing or request for extension is filed
pursuant to Paragraphs 21.
Should you have any questions, please write to me at the letterhead
address or call (813) 744-6100, extension 420. Please include the above-
referenced Brownfields Site identification number in all future proj ect
correspondence with the Department.
.'
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Da id'Gerao6, PE II
Brdw~field; Coordinator
Southwest District
Enclosure
(1) :
Brownfields
signatures,
Site Rehabilitation Agreement,
for SF Site 10 i 529701002.
original
with
cc: Roger Register, Brownfields Liaison, Bwe
"More Protection, Less Process"
Printed on recycled poper.
City of Clearwater
Brownfield Site Rehabilitation Agreement
Dimmit Chevrolet Property B
BF Site I D # 529701002
BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
IN RE: City of Clearwater, Florida
Dimmit Chevrolet Property B
901-927 Cleveland Street
Clearwater, Florida 33756
Brownfield Area Name: Clearwater Area
Brownfield Area ID #529701000
BROWNFIELD SITE REHABILITATION AGREEMENT PUR$UANT TO 9 376.80(5),
Florida Statutes (F.S.)
WHEREAS, the Brownfields Redevelopment Act was enacted to reduce public
health and environmental hazards on existing commercial and industrial sites by offering
incentives to encourage responsible persons to voluntarily develop and implement
cleanup plans; and
WHEREAS, the Department of Environmental Protection ("Department") is the
administrative agency of the State of Florida having the power and duty to protect
Florida's environment and to administer and enforce the provisions of Chapters 403, F.S. .
and 376, F.S., and the rules promulgated thereunder, Florida Administrative Code
(F.A.C.) Rule Chapters 62-777 and 62-785; and
WHEREAS, the Department has jurisdiction over the matters addressed in this
Brownfield Site Rehabilitation Agreement; and
WHEREAS, the Department has the authority, pursuant to 9376.81, F.S., to
establish criteria by rule for determining the rehabilitation program tasks comprised by a
site rehabilitation program and the level at which a rehabilitation program task and a site
rehabilitation program may be completed; and
WHEREAS, the City of Clearwater, Florida, has designated certain property within
the city limits as a brownfield area and has entered into an agreement with the
Community Redevelopment Agency of the City of Clearwater for the redevelopment of
the property subject to this Brownfield Site Rehabilitation Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained, it is agreed as follows:
This Brownfield Site Rehabilitation Agreement ("BSRA") is entered into between
the Department and the City of Clearwater, hereinafter the Person Responsible For
;1
, .
City of Clearwater
Brownfield Site Rehabilitation Agreement
Dimmit Chevrolet Property B
BF Site 10 # 529701002
Brownfield Site Rehabilitation ("PRFBSR") (collectively, the "parties"), for the
rehabilitation of a brownfield site within a designated brownfield area pursuant to
~376.80(5), F.S. The Department and the PRFBSR agree to the following:
1. DEPARTMENT OF ENVIRONMENTAL PROTECTION
The Department is the agency of the State of Florida with authority and power to
enforce the provisions of Chapters 376 and 403, F .S.
2. PERSON RESPONSIBLE FOR BROWNFIELD SITE REHABILITATION
The City of Clearwater, Florida, is a municipality incorPorated under the laws of
Florida and is the PRFBSR as defined in 9376.79(13), F.S., for the real property
described in the attached map and legal description, incorporated herein, that has
been designated by local government resolution as a brownfield area as defined
in ~376.79(4), F.S. Attachment A is a composite exhibit including the site map
and its legal description, and the city resolution for the brownfield area. The
PRFBSR has agreed to conduct "site rehabilitation" as defined in ~376.79(17),
F.S., at the brownfield site described in Attachment A (the brownfield site).
3. PRFBSR'S DUTIES
The PRFBSR agrees:
(a) to conduct site rehabilitation and submit technical reports and rehabilitation
plans in a timely manner according to the attached brownfield site
rehabilitation schedule approved by the Department (see Attachment B),
and incorporated herein;
(b) to conduct site rehabilitation activities under the observation of professional
engineers or professional geologists who are registered in accordance with
the requirements of Chapter 471 or 492, F.S., respectively. Submittals
provided by the PRFBSR must be signed and sealed by a professional
engineer registered under Chapter 471, F.S., or by a professional geologist
registered under Chapter 492, F.S., certifying that the submittal and
associated work comply with the laws and rules of the Department and
those governing the profession. Upon completion of the approved remedial
action, a professional engineer registered under Chapter 471, F.S., or a
professional geologist registered under Chapter 492, F.S., must certify that
the corrective action was, to the best of his or her knowledge, completed in
substantial conformance with the plans and specifications approved by the
Department;
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City of Clearwater
Brownfield Site Rehabilitation Agreement
Dimmit Chevrolet Property B
BF Site 10 # 529701002
(c) to conduct site rehabilitation in accordance with Chapter 62-160, F.A.C., as
the same may be amended from time to time;
(d) to obtain any local, state, or federal approvals or permits required for the
site rehabilitation work and to conduct the necessary site rehabilitation
consistent with local, state, and federal laws, rules, and ordinances,
including the cleanup criteria in ~376.81, F.S., and the requirements of
Chapters 62-785, F.A.C., Brownfields Cleanup Criteria, and 62-777, F.A.C.,
Contaminant Cleanup Target Levels adopted pursuant thereto;
(e) to allow access by the Department during the entire site rehabilitation
process in accordance with the attached documentation (Attachment C),
incorporated herein, establishing that such access has been secured by
agreement with the PRFBSR. Upon the transfer of any real property
interest in any portion of the brownfield site before site rehabilitation is
complete, the PRFBSR shall submit within 30 days a copy of an access
agreement in substantially the same form as that in Attachment C with any
successor in interest to the City as owner of the brownfield site, granting
such access to the Department; and
(f) to consider appropriate pollution prevention measures and to implement
those that the PRFBSR determines are reasonable and cost-effective,
taking into account the ultimate use or uses of the real property at the
brownfield site.
4. CERTIFICATION
The Brownfields Coordinator for the City of Clearwater has certified that a fully
executed agreement containing the terms for the redevelopment of the brownfield
site exists between the PRFBSR and the Community Redevelopment Agency. A
copy of the certification is attached to this BSRA as Attachment D.
More detailed terms for the redevelopment of the property will be included in the
development agreement between the Community Redevelopment Agency and the
private developer (Mr. Bruce Balk), which will be provided later and included in
Attachment D.
Page 3 of 3
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City of Clearwater
Brownfield Site Rehabilitation Agreement
Dimmit Chevrolet Property B
BF Site 10 # 529701002
5. PROPERTY COORDINATES AND ACREAGE
The latitude and longitude coordinates in minutes, degrees and seconds, datum
used, and accuracy of method used to determine the coordinates for the
brownfield site are:
latitude 27 degrees, 57 minutes, 54 seconds, north.
longitude 82 degrees, 47 minutes, 37 seconds.
Datum Used: NAD 27
Collection Method: Digital Map Interpolation
Map Source: City of Clearwater-Engineering
Map Source Scale: N/A
Relationship of Point to Feature: Center of Site
Coordinate Accuracy level: 10 to 20 Feet
The property consists of approximately 2.51 acres.
6. SITE CONTRACTOR
The PRFBSR must ensure that any contractor performing site rehabilitation
program tasks at or for the brownfield site has provided documentation and
certification to the Department that the contractor meets the requirements listed
below. If the identity of the contractor is known at the time of the execution of this
8SRA, a Brownfields Redevelopment Program Contractor Certification Form
(CCF) shall be completed and attached as part of Attachment E to this BSRA,
along with copies of insurance certificates and all other documentation required
below. If the contractor has not yet been determined, the PRFBSR shall ensure
that the CCF and all other documentation required in this section are submitted to
the District Brownfield Coordinator and approved by the Department before the
contractor begins performing any site rehabilitation tasks at the site. The
requirements are as follows:
(a) documentation in accordance with the provisions of the paragraph above
and with Attachments E and F, showing that the contractor:
(i) meets all certification and license requirements imposed by law; and
(ii) performs laboratory analysis pursuant to National Environmental
Laboratory Accreditation Program ("NELAP") certification
requirements and performs field sampling work in accordance with a
comprehensive quality assurance plan ("CompQAP") prepared and
Page 4 of 4
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City of Clearwater
Brownfield Site Rehabilitation Agreement
Dimmit Chevrolet Property B
BF Site ID # 529701002
approved under Department rules. In the event that Chapter 62-
160, F.A.C. is amended and the CompQAP requirements are
abolished, then the new requirements of Chapter 62-160, F.A.C.
shall apply to field sampling work; and
(b) certification to the Department that the contractor:
(i) complies with applicable OSHA regulations;
(ii) maintains workers' compensation insurance for all employees as
required by the Florida Workers' Compens?tion Law;
(iii) maintains comprehensive general liability and comprehensive
automobile liability insurance with minimum limits of at least $1
million per occurrence and $1 million annual aggregate, sufficient to
protect it from claims for damage for personal injury, including
accidental death, as well as claims for property damage which may
arise from performance of work under the Brownfields program,
designating the state as an additional insured party;
(iv) maintains professional liability insurance of at least $1 million per
claim and $1 million annual aggregate; and
(v) has the capacity to perform or directly supervise the majority of the
work at a site in accordance with ~489.113(9), F.S.
7. CONTINUANCE OF COMPLIANCE
During the entire site rehabilitation process, the PRFBSR agrees to ensure that
the contractor continues to comply with the requirements of Paragraph 6 of this
BSRA pursuant to the requirements of ~376.80(6) and (7), F.S.
8. ADVISORY COMMITTEE
The PRFBSR has established an advisory committee pursuant to the
requirements of ~376.80(4), F.S., for the purpose of improving public participation
and receiving public comments on rehabilitation and redevelopment of the
brownfield area, future land use, local employment opportunities, community
safety I and environmental justice.
The PRFBSR shall provide the advisory committee a copy of the executed
brownfield site rehabilitation agreement. When the PRFBSR submits a site
Page 5 of 5
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City of Clearwater
Brownfield Site Rehabilitation Agreement
Dimmit Chevrolet Property B
BF Site 10 # 529701002
D.E.~.
JUL 0 9 2001
Southwest DiStrict la\t\\)9.
assessment report or the technical document containing the proposed course of
action following site assessment to the Department or the local pollution control
program for review, the PRFBSR shall hold a meeting or attend a regularly
scheduled meeting to inform the advisory committee of the findings and
recommendations in the site assessment report or the technical document
containing the proposed course of action following site assessment.
Attachment G is a list of the names, addresses, and contact numbers for all
Advisory Committee members.
9. INDEMNIFICATION
The PRFBSR shall save and hold harmless and indemnify the Department against
any and all liability, claims, judgments, or costs of whatsoever kind and nature for
injury to, or death of any person or persons and for the loss or damage to any
property resulting from the use, service. operation, or performance of work under
the terms of this BSRA and from the negligent acts or omissions of the PRFBSR
or its employees, agents, contractors, subcontractors, or other representatives, to
the extent allowed by law.
10. PROFESSIONAL LIABILITY INSURANCE
Any professional engineer or professional geologist providing professional
services relating to site rehabilitation program tasks must carry professional
liability insurance with a coverage limit of at least $1 million in accordance with
~376.80(8), F.S. .
11. LIABILITY PROTECTION:
The liability protection provided under ~376.82 F.S. shall become effective upon
execution of this BSRA and shall remain effective. provided the PRFBSR complies
with the terms of this BSRA. In accordance with 9376.82 F.S., this protection
shall specifically extend to a person who acquires after the effective date of this
BSRA a legal or equitable interest in the property described in Attachment A or
any portion of it (including any easement interest or leasehold interest) for or
concerning the presence of any contaminant, hazardous substance, or pollutant
originating at the property.
12. FAILURE TO COMPLY:
If the PRFBSR fails to comply with the provisions of this BSRA, the Department
will notify the PRFBSR in writing of any breach of this BSRA. The PRFBSR will
have 90 days from receipt of the letter from the Department to return to
Page 6 of 6
City of Clearwater
Brownfield Site Rehabilitation Agreement
Dimmit Chevrolet Property B
BF Site 10 # 529701002
compliance or to negotiate a modification to this BSRA with the Department for
good cause shown. The gO-day grace period does not apply if an imminent
hazard exists at the site. If such imminent hazard exists, the PRFBSR shall act
immediately to abate the hazard. If the project is not returned to compliance with
this BSRA and a modification cannot be negotiated, then the immunity provisions
of 3376.82, F.S., are revoked, except in the event of a delay caused by
circumstances beyond the reasonable control of the PRFBSR, in which case the
90-day grace period shall be extended pursuant to paragraph 13 below.
13. DELAY
If any event occurs that does not result in a breach of this BSRA but causes delay
or the reasonable likelihood of delay in the achievement of the requirements of
this BSRA, the PRFBSR shall have the burden of proving that the delay was or
will be caused by circumstances beyond the reasonable control of the PRFBSR
that could not have been overcome by due diligence. Upon occurrence of the
event, the PRFBSR shall, within 7 days, notify the Department orally and in writing
of the anticipated length and cause of the delay, the measures taken or to be
taken to prevent or minimize the delay, and the timetable by which the PRFBSR
intends to implement these measures. However, if an imminent hazard exists the
PRFBSR shall act immediately to abate the hazard.
(a) If the parties can agree that the delay or anticipated delay has been or will
be caused by circumstances beyond the reasonable control of the
PRFBSR, the time for performance hereunder shall be extended for a
period equal to the delay resulting from such circumstances unless
circumstances warrant more time in the opinion of the Department. A letter
from the Department to the PRFBSR accepting or, if necessary, modifying
the extension request shall confirm such agreement.
(b) The PRFBSR shall adopt all reasonable measures to avoid or minimize any
delay. Failure of the PRFBSR to comply with the notice requirements of
this paragraph shall constitute a waiver of the right to request an extension
of time for complying with the requirements of this BSRA. Increased costs
of performance of the terms of this BSRA shall not be considered
circumstances beyond the control of the PRFBSR.
(c) If the Department and PRFBSR cannot agree that any delay in the
achievement of the requirements of this BSRA, including failure to submit
any report or document, has been or will be caused by circumstances
beyond the reasonable control of the PRFBSR, the PRFBSR may seek an
administrative hearing or judicial determination of the issue following the
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City of Clearwater
Brownfield Site Rehabilitation Agreement
Dimmit Chevrolet Property B
BF Site 10 # 529701002
same procedures as set forth for persons other than the PRFBSR in
Paragraphs 21 and 22 of this BSRA.
14. IMMINENT HAZARD
Nothing herein shall be construed to. limit the authority of the Department to
undertake any action in response to or to recover the costs of responding to
conditions at or from the brownfield site that require the Department to take action
to abate an imminent hazard to the public health, welfare or the environment.
15. RELEASE OF LIABILITY: RESERVATION OF RIGHTS
In consideration of the execution and successful completion of this BSRA, the
PRFBSR and his or her successors and assigns, shall be relieved from further
liability for remediation of the brownfield site to the Department and third parties
and of liability in contribution to any other party who has or may incur cleanup
liability for the real property described in Attachment A.
This BSRA shall not constitute a release, waiver, or in any way a limitation or
restriction, of any claim or cause of action that the PRFBSR may have against any
person or entity not a signatory to this BSRA, including but not limited to any claim
or cause of action for contribution or cost recovery for costs incurred by the
PRFBSR to satisfy the PRFBSR's obligations under this BSRA.
16. GOVERNING LAW
This BSRA has been delivered in the State of Florida and shall be construed in
accordance with the laws of Florida and any local regulations. Wherever possible,
each provision of this BSRA shall be interpreted in such manner as to be effective
and valid under applicable law. If any provision of this BSRA shall be prohibited
or invalid under applicable law, such provision shall be ineffective to the extent of
such prohibition or invalidity, without invalidating the remainder of such provision
or the remaining provisions of this BSRA. Any action hereon or in connection
herewith shall be brought in Pinellas County, Florida.
17. SUBMITTALS
The PRFBSR shall submit two copies of any certifications or documentation
required in paragraph 6 ("Site Contractor") above, and all reports, plans, data,
responses, addenda, or modifications to reports and plans required by this BSRA
submitted to the Department shall be sent to David Gerard, P.E. II, Brownfields
Coordinator, Florida Department of Environmental Protection, 3804 Coconut Palm
Page 8 of 8
City of Clearwater
Brownfield Site Rehabilitation Agreement
Dimmit Chevrolet Property B
BF Site 10 # 529701002
Drive, Tampa, Florida 33619-8218, for review. The contact person for the
PRFBSR shall be Miles Ballogg, Brownfields Coordinator for the City of
Clearwater, City of ClealWater Economic Development Team, 112 South Osceola
. Avenue, P.O. Box 4748, Clearwater, Florida 34618-4748. Time-frames for the
PRFBSR's submittal and the Department's review of technical reports, plans, and
other required documents shall be governed by the attached schedule (see
Attachment B), incorporated herein. After final Department approval of each
report or plan an electronic copy shall be submitted to the Department within 30
days. The electronic copy of the report shall be submitted on compact disk (CD)
for archiving purposes in the format listed in Attachment H.
18. DOCUMENT REVIEW
During the cleanup process, if the Department fails to complete the review of a
technical document within the time-frame specified in this BSRA, with the
exceptions of requests for "no further action", "monitoring only proposals," and
feasibility studies, which must be approved prior to implementation, the PRFBSR
may proceed to the next site rehabilitation task. HoweVer, the PRFBSR does so
at its own risk and may be required by the Department to complete additional work
on a previous task.
19. ASSIGNMENT
The PRFBSR shall not assign any rights or responsibilities under this BSRA to
any other party without the written consent of the Department and the local
government with jurisdiction over the brownfield site.
20. WAIVER
By entering into this BSRA, the PRFBSR waives its right to challenge the contents
of this BSRA in an administrative hearing afforded by 9120.569 and 9120.57, F.S.,
or an appeal afforded by the terms of 9120.68, F.S. This BSRA does not deny the
PRFBSR a right to challenge the Department's actions taken pursuant to this
BSRA. No delay or failure to exercise any right, power or remedy accruing to
either party upon breach or default by either party under this BSRA, shall impair
any such right, power or remedy of either party; nor shall such delay or failure be
construed as a waiver of any such breach or default, or any similar breach or
default thereafter.
Page 9 of 9
City of Clearwater
Brownfield Site Rehabilitation Agreement
Oimmit Chevrolet Property B
BF Site 10 # 529701002
21. EFFECTIVE DATE AND ADMINISTRATIVE HEARING
This BSRA is final and effective on the date of execution unless a timely petition
for an administrative hearing or request for extension of time to file a petition for
administrative hearing is filed under 99120.569 and 120.57, F.S., within
twenty-one (21) days after the date of execution. Upon the timely filing of such
petition or request, this BSRA will not be effective until further order of the
Department. 9376.82(2), F.S., establishes liability protection for the PRFBSR
upon execution of a brownfield site rehabilitation agreement. The procedures for
petitioning a hearing or filing a request for extension of time to file a petition for
administrative hearing are set forth below.
(a) Please be advised that mediation of this decision pursuant to 9120.573,
F.S., is not available.
(b) Persons other than the PRFBSR whose substantial interests are adversely
affected by this BSRA have the following options:
(i) file a petition for administrative hearing with the Department within
twenty-one (21) days of receipt of this BSRA; or
(ii) file a request for an extension of time to file a petition for hearing
with the Department within 21 days of receipt of this BSRA. Such a
request should be made if you wish to meet with the Department in
an attempt to informally resolve any disputes without first filing a
petition for hearing.
(c) How to Request an Extension of Time to File a Petition for Hearing:
For good cause shown, pursuant to Rule 62-110.106(4), F.A.C., the
Department may grant a request for an extension of time to file a petition
for hearing. Such a request must be filed (received) with the Department
(in the Office of the General Counsel at 3900 Commonwealth Boulevard,
Mail Station 35, Tallahassee, Florida 32399..,3000), within twenty-one (21)
days of receipt of this BSRA. Petitioner shall mail a copy of the request to
the PRFBSR at the time of filing. Timely filing a request for an extension of
time tolls the time period within which a petition for administrative hearing
must be filed.
Page 10 of 10
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City of Clearwater
Brownfield Site Rehabilitation Agreement
Dimmit Chevrolet Property B
BF Site ID # 529701002
(d) How to File a Petition for Administrative Hearing:
A person whose substantial interests are affected by this BSRA may
petition for an administrative proceeding (hearing) under 99120.569 and
120.57, F.S. The petition must contain the information set forth below and
must be filed (received) with the Department (in the Office of the General
Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee,
Florida 32399-3000), within twenty-one (21) days of receipt of this BSRA.
Petitioner shall mail a copy of the petition to the PRFBSR at the time of
filing. Failure to file a petition within this time period shall waive the right of
anyone who may request an administrative hearing under 99120.569 and
120.57, F.S., or to intervene in this proceeding and participate as a party to
it. Any subsequent intervention (in a proceeding initiated by another party)
will be only at the discretion of the presiding officer upon the filing of a
motion in compliance with Rule 28-106.205, F.A.C.
Pursuant to 9120.54(5)(b)4, F.S. and 9120.569(2), F.S., and Rule
28-106.201, F.A.C., a petition for administrative hearing shall contain the
following information:
(i) The name, address, and telephone number of each petitioner, the
name, address, and telephone number of the petitioner's
representative, if any, the PRFBSR name and address, if different
from the petitioner, the Department's Brownfield Area and Site
Identification Numbers, and the name and address of the brownfield
site;
(ii) A statement of how and when each petitioner received notice of the
Department's action or proposed action;
(iii) An explanation of how each petitioner's substantial interests are or
will be affected by the Department's action or proposed action;
(iv) A statement of the material facts disputed by the petitioner, or a
statement that there are no disputed facts;
(v) A statement of the ultimate facts alleged, including a statement of
the specific facts the petitioner contends warrant reversal or
modification of the Department's action or proposed action;
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City of Clearwater
Brownfield Site Rehabilitation Agreement
Dimmit Chevrolet Property B
BF Site 10 # 529701002
(vi) A statement of the specific rules or statutes the petitioner contends
requires reversal or modification of the Department's action or
proposed action; and
(vii) A statement of the relief sought by the petitioner, stating precisely
the action petitioner wishes the Department to take with respect to
the Department's action or proposed action.
A petition that does not dispute the material - facts on which the
Department's action is based shall state that no such facts are in dispute
and otherwise shall contain the same informati~n as set forth above, as
required by Rule 28-106.301, F.A.C.
Timely filing a petition for administrative hearing postpones the date this
BSRA takes effect until the Department issues either a final agreement
pursuant to an administrative hearing or an Agreement responding to
Supplemental Information provided to the Department pursuant to meetings
with the Department.
22. JUDICIAL REVIEW
Any party other than the PRFBSR to this BSRA has the right to seek judicial
review Linder 9120.68, F.S., by filing a notice of appeal under Rule 9.110 of the
Florida Rules of Appellate Procedure with the Department (in the Office of the
General Counsel at 3900 Commonwealth Boulevard, Mail Station 35,
Tallahassee, Florida 32399-3000), and by filing a copy of the notice of appeal
accompanied by the applicable filing fees with the appropriate District Court of
Appeal. The notice of appeal must be filed within thirty (30) days after this
agreement is filed with the clerk of the Department (see below).
23. QUESTIONS
Any questions regarding this BSRA should be directed to David Gerard, P.E. II,
Brownfields Coordinator, Florida Department of Environmental Protection, 3804
Coconut Palm Drive, Tampa, Florida 33619-8218; telephone (813) 744-6100.
Questions regarding legal issues should be referred to the Department's Office of
General Counsel at (850) 488-9314. Contact with any of the above does not
constitute a petition for administrative hearing or request for an extension of time
to file a petition for administrative hearing.
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City of Clearwater
Brownfield Site Rehabilitation Agreement
Dimmit Chevrolet Property B
BF Site 10 # 529701002
24. ENTIRETY OF AGREEMENT
This BSRA represents the entire agreement of the parties. Any alterations,
variations, changes, modifications or waivers of provisions of this BSRA shall be
val'id only when they have been reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this BSRA, unless otherwise
provided herein.
IN WITNESS WHEREOF, each of the parties has made and executed this
Brownfield Site Rehabilitation Agreement on the date set forth for the signature of each
representative below: Director of District Management, State of Florida Department of
Environmental Protection, and the Person Responsible for Brownfield Site Rehabilitation,
signing by and through its Mayor-Commissioner and its Interim City Manager, both duly
authorized to execute same.
FOR THE STATE OF FLORIDA
DEPARMENT OF ENVIRONMENTAL PROTECTION
Date: -.' - <.J ~ ,-.:> /
By:
e~rah Getzo
ire tor of District Management
So hwest District
3804 Coconut Palm Drive
Tampa, Florida 33619-8318
(813) 744-6100
:i~tj_ fL J-
Approved as to form:
Sharen Parrish
Assistant General Counsel
FILING AND ACKNOWLEDGMENT
FILED. on this date, pursuant to ~120.S2
Florida Statutes, with the designated
Department Clerk, receipt of which is
hereby acknowledged.
.K~' .__.'1_
,..,.,.../. I\_i....., J7-)i'_QI
-f-,:.. ....~..t.. ,~., I .~."'. ~.,~ 0' Ie'
..j Clerk!.'{ Date
/ . '
(~r Deputy ClerK
Page 13 of 13
City of Clearwater
Brownfield Site Rehabilitation Agreement
Dimmit Chevrolet Property B
BF Site 10 # 529701002
FOR THE PERSON RESPONSIBLE FOR
BROWNFIELD SITE REHABILITATION
Countersigned:
CITY OF CLEARWATER, FLORIDA
112 South Osceola Avenue
Clearwater, Florida 33756
(727) 562-4032
. By:
L/1~
Brran J. A{.~t ~
Mayor-Commissioner
BY:@_:~.~"Ir
iIIiam B. Horne, "
Interim City Manager
Date:
Date: 7 It!).)o ,
Approved as to form:
Attest:
/)Jjl
Pamela K. Akin
=Assistam City Attorney
cc: Sharen Parrish, FDEP
Roger Register, FDEP
Miles Ballogg, City of Clearwater
Page 14 of 14
City of Clearwater
Brownfield Site Rehabilitation Agreement
Dimmit Chevrolet Property B
BF Site ID # 529701002
Attachment A
Attachment B
Attachment C
Attachment 0
Attachment E
Attachment F
Attachment G
Attachment H
List of Attachments
Map and Legal Description of the Brownfield Site and
Local Government Resolution
Brownfield Site Rehabilitation Schedule
Site Access Agreement
Certification of Redevelopment Agreement
Contractor Certification Form and Insurance Certificates
Quality Assurance Certification
Advisory Committee Members
Format for Submittals of Technical Documents
Page 15 of 15
City of Clearwater
Brownfield Site Rehabilitation Agreement Attachments
Oimmit Chevrolet Property B
BF Site 10 #BF529701002
Attachment A
1. legal description of the brownfield site:
lots 1, 2,3,4,5,6,7,8,11,12,13,14,15,16,17,18,19, of Block 2,
MAGNOLIA PARK, according to the map or plat thereof recorded in Plat
Book 3. page 43, public records of Pinellas County, Florida.
LESS AND EXCEPT that portion of the above described lands lying
within the road of Cleveland Street within the meaning of Florida
Statutes section 95.361 (I).
2. Map of the brownfield site (see next page).
3. Copy of the local government resolution that designated the area as a brownfield
that includes the brownfield site (following the map on the next page).
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A RESOLUTION OF THE CllY. OF CLEARWATER,- FLORIDA, MAKING
FINDINGS; DESIGNATING A BROWNFlELDAREAVVlTHIN;THE'CIlY OF
CLEARWATER FOR THE PURPOSE OF' --ENVIRONMENTAL
REHABILITATION AND' ECONOMIC DEVB.OPMENT;. PROVIDING AN
EFFECTIVE DATE. . -
WHEREAS, the State of Florida has pIOVided, it CIL.'JT-277, Laws 'of Florida.
codified at Florida Statutes Sections 376.77-378.84, for-the designation by resolution of
certain contiguous areas consisting of one or:: more- Bi'ownfi8Ids sites as -Brownfields
Areas.~ and for the corresponding provision ofenvii'onmental remediation and economic
development for such areas; and
WHEREAS, the City of Clearwater wish8s to: nOtify the Rorida Department of
Environmental Protection of its decision to desigJ1ate a Brownfield Area for rehabifrtation
for purposes of Sections 376.77-376.84; and
WHEREAS, the City of Clearwater has previously designated a Brownfield Pilot
Project pursuant to the Environmental Protection Apiar:y Brownfields Initiative, the
delineation of which is identical to the are8 . proposed fOr' designation under Sections
376.77-376.84; and .. -
WHEREAS, although the designated area is identical. to the EPA-designated
Brownfield Pilot Project, the City of Clearwater-has additionally considered the criteria set
forth in Florida Statutes Section 376.80(2)(a)1~-4:,nameIy, -whether the proposed
Brownfield Area warrants economic developmentand has- a reasonable potential for such
activities, whether the Area represents a reasonably fOcused' approach and is not overly
large in geographic coverage, whether the Area" potential to interest the private sector
in participating in rehabifrtation, and whetI& tile Aiea containS. sit8s or parts of sites
suitable for limited reaeational open space. cuIluraI. or historical preservation purposes;
and
WHEREAS, the procedures set forth in' Florida Statutes Section 166.041 have
been followed, and proper notice has been provided in accordance with Florida Statutes
Sections 376.80(1) and 166.041(3)(c)2.; now, lhe.efOl8, .
BE IT RESOLVED BY THE CIlY COMMISSION OF THE
CIlY OF CLEARWATER, FLORIDA:.
Section 1. The City Commission finds the proambIe hereof to be true and correct.
Section 2. The area depicted on EXhibit" A. aIIached: hereto and incorporated
herein by reference, is hereby designated as a. Bruwnfi8Id- Area fOr rehabilitation for the
purposes of Rorida Statutes Sections 376.77-378.84. 1be.CIly orcrearwater shall be the
entity responsible for Brownfield site rehabiIiIatfon. punsuantto Florida. Statutes Section
376.80(3). However, such designation shd not. render the- City of Clearwater liable fOr
costs of site rehabilitation or source removal, as those terms are defined in Florida
~utIon No.l7-17
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purposes of Florida Statutes Sections 378.77-376.84. The City of Clearwater shall be the
entity responsible for Brownfield site rehabilitation pursuant to Florida Statutes Section
376.80(3). However, such designation shall not render the City 01 Clearwater liable for
. costs of site rehabilitation 0.. source removal, as those tenns are defined in Florida
Statutes Section 376.79(14) and (15), or for any other costs, above and beyond those
costs attributable to the City's role as administrator of a BrovmfieJds site rehabilitation
program and as a property owner within the designated . Brownfield Area.
Section 3. This resolution shall take effect immediately upon adoption. .
PASSED AND ADOPTED this 16th
day of October .
. 1997.
Rita Garvey
Mayor-Cornmissioner
Approved as to fORn:
.
Attest
,--
~~. tJ. --...00. ft.
E. Goudeau
City. .
[eslie K. Dougall-Si
Assistant City Attorney
R8soIutJon No.l7..a7
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and the narih rijlt-of..., .. of SJe.Ia' A.... a.a.I1OIthI.....,... ..... rijIt-of-lIGJ ill of SIeInzn
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City of Clearwater
Brownfield Site Rehabilitation Agreement Attachments
Dimmit Chevrolet Property B
BF Site ID #BF529701002
Attachment B
Table I
Submittals and Time-frames
*If some unexpected condition is encountered during remediation work and interim actions, supplemental assessment, further
remediation, additional monitoring, or some combination of these actions may be needed to deal with the condition in a timely and
effective manner.
City of Clearwater
Brownfield Site Rehabilitation Agreement Attachments
Dimmit Chevrolet Property B
BF Site 10 #BF529701002
Attachment C
Site Access Agreement
The required access agreement between the PRFBSR and DEP is attached and
incorporated here as Attachment C, beginning on the next page.
In addition, as required by paragraph 3(e) of the BSRA, upon a transfer of any real
property interest in any portion of the brownfield site, within 30 days the PRFBSR must
provide the Department with a copy of a site access agreement in substantially the same
form as in this Attachment C under which the transferee of such an interest grants
representatives of the Department the same right of access upon request for the duration
of site rehabilitation. Each such additional site access agreement shall be added to and
incorporated in Attachment C to this BSRA.
City of Clearwater
Brownfield Site Rehabilitation Agreement Attachments
Dimmit Chevrolet Property B
BF Site ID #BF529701 002
Attachment 0
Certification of Redevelopment Agreement
Attached is a letter from the PRFBSR certifying that an agreement exists between
the PRFBSR and the local government with jurisdiction over the brownfield site for the
redevelopment of the brownfield site.
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CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
CllY HAu., 112S0U1H OSCEOlA AVENUE, CUARWATER, FLORIDA 33756
TELEPHONE (127) 562-4023 FAX (127) 562-4037
ECOl':O:'lIC DEVELOPMEl'.T TEAM
BROWNAEUDSPROGRAM
May 10., 2001
Ms. Deborah A. Getzoff
Director of District Management
F1o~da Department of Environmental Protection
Southwest District
3804 Coconut Pahn Drive
Tampa. FL 33619
Subject: Clearwater Brownfields Site Rehabilitation Agreement
Lots 1,2,3,4,5,6,7,8,11,12,13,14,15,16,17,18,19 of Block 2, MAGNOIlA PARK.
Dear Ms. Getzoff:
As required in the Brownfields Site Rehabilitation Agreement, this letter serves to inform the Department that the
Gty, who is acting as the Person Responsible for Brownfields Site Rehabilitation is also the local government with
jurisdiction over the Clearwater Brownfields Area for the redevelopment of the subject Brownfields Area.
While no specific agreement will be developed betWeen the City as the Person Responsible for Brownfields Site
Rehabilitation Assistance and the City as the regulatory authority over the local Brownfields program, there will be
several agreements (currendy being negotiated) regarding the development of the subject property. A development
agreement is being negotiated between the Cornmnnity Redevelopment Agency (CRA) and the proposed future
developer of the property (Mediterranean Village LLC) outlining the tenDS of development for the property.
Additionally, an interlocal agreement is being developed between the City and the CRA outlining the respective
responsibilities for the future development of the l00-unit townhouse project proposed by Mediterranean Village
LL.C
The City is willing to provide copies of these documents to the Department if necessary upon their execution by the
Gty Conunission and eRA. Please contact me at (727) 562-4023 if further information or clarification is required..
Respectfully,
~~.8~
Miles G. Ballogg
Oearwater Brownfields Coordinator
oc: Pam Akin, City Attorney
Tim Smith, Ackerman, Senterfit &Eidson
David Gerard, FDEP
Roger Register, FDEP
ONE CllY. ONE FuroRE.
BRIAN J. AuNGST, MAYOR-CoMMISSIONER
ED HOOPER, VICE MAYOR.COMMISSIOr-:ER
ED H.\RT, CO~IMISSIO:-:ER
*
BoB CWUC, COMMISSIONER
J.B. JOHNSON, JR., CoMMISSIONER
City of Clearwater
Brownfield Site Rehabilitation Agreement Attachments
Dimmit Chevrolet Property B
BF Site ID #BF529701 002
Attachment E
Contractor Certification Form and Insurance Certificates
Attached are the insurance certificates and contractor certification form required
under section 6 of the BSRA.
U4/0212002 11:16 FAX 8136362499
URS
~ 002
T,..acy L Freeman
Marsh Risk & lnsurance Services
Three Embarcadero Ccmer
P.O. Box 193880
San Fnmcisco. CA 94119-3880
Phone: 4157438468 Fax: 415 7438074
Trney.L.Freem3l1@marshmc.com
California License No. 0437153
MARSH
March 14,2002
To Whom It May Concern:
Subject: URS Corporation Ins.ranee Renewal 04/0.1/02
Dear SirlMadam:
The following URS COIporation policies will expire on 04/01102:
Coverage
Commercial General Liability
Automobile Liability
Policy Number
GL933-0915
f5Y006395-00AOS
F5Y006396-00HI
FSY006397-00V A
F5Y006398-00TX
X3P084803-00MASS
476-3090
819-4175
BE8713412
Professional Liability
Contractors Pollution Liability
Umbrella Liability
Renewal certificates ofinsl1rance will be issued once coverage has been bound. We estimate
certificates will be issued the week of April 1, 2002. There will be no lapse in coverage.
Please do not hesitate to contact me at (415) 743-8468 should you have any qUl::stions or
concerns.
Regards,
Tracy L Freeman
Client Representative
Construction
An MAte Company
l':\W ASYEIFOl\MS\3002\ln."",nto Lelter.doc
04/02/2002 11:16 FAX 8136362499
URS
141001
URS Corporation
Facsimile
To: Diane Hufford
Firm:" City of Cle..uwater
Facsimile: 727.562-4D75
Phone: 727-562-4054
From; Tom Carberry
Date: April 2, 2002
Page 1 of : 2
Subject:
Insurance Letter - Brownfields Contractor Certification
Message:
This is a copy of the letter from our insunmce company that T just faxed to Dave Gerard at the FDEP.
As soon as I get a revised insurance certificate, I will forward it to Dave and to you. Thanks.
cc;
dhufford@clearwater-fl.com
URS
7a50 W. Counney Campbell Causeway
Tampa, FL ~7-1462
813266-1711 -reI
813 636-2499 Fax
WVVW.ur5CO rp ,com
CONFIDENTIALITY NOTICE
The information in this facs1milc transmission is illtclldcd solely for the
slated rec4'iCll1 or Ibis IrdIlliIIlissioo. II you have: n:tc:ivcd this rax in c:rrOr.
plcasc notify the:: sCIldcr immediately by telephone. If you arc not the
inlended recipieol. please be: ad.uc:<J thai dissemination, distributioo. or
copying ofthc information contained in this fax: is Strictly probibil~.
Department of
Environmental Protection
... -
~~ :
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Jeb Bushl
Govemor
JlJ~D.~~
~1I1~ 13-
, ~esl D: lOOt
'/strict 'r.
, ampa
David B. Struhs
Secretary
CONTRACTOR CERTIFICATION FORM
Brownfields Redevelopment Program
Contractor Name: URS Corporation Date: June 7, 2001
Contractor Address: 7650 West Courtney Campbell Causeway, Tampa, FL 33607
Contact Name: Ed Siersema, Jr., P.G.
Phone No.:
(813) 286-1711
Fax No.:
(813) 636-2499
The above contractor hereby certifies to the Florida Department of Environmental Protection (FDEP) that it meets
the following requirements for contractors participating in the Brownfields Redevelopment Program [Sections
376.BO(6} and (7), Florida Statutes (F.S.)]:
Yes
1.
It meets all certification and license requirements imposed by law.
~
~
2.
It performs laboratory analysis pursuant to National Environmental
Laboratory Accreditation Program ("NELAP") certification requirements
and performs field sampling work in accordance with a comprehensive
quality assurance plan ("CompQAP") prepared and approved under
Department rules. It has an -ppproved Comprehensive Quality
Assurance Plan No. 870432 Kev. 18 in accordance with
Chapter 62-160, Florida Administrative Code.
It complies with all applicable OSHA regulations.
It maintains Workers' Compensation Insurance for all employees.
[Provide insurance certificate]
It maintains: Comprehensive General Liability Insurance, and
Comprehensive Automobile Liability Insurance,
with minimum limits of at least $1 million per occurrence and $1 million
annual aggregate for each and has named the State as an additional
insured. [Provide insurance certificates]
It maintains Professional Liability Insurance with minimum limits of at
least $1 million per claim and $1 million annual aggregate, [Provide
insurance certificate]
Has the capacity to perform or directly supervise the majority of work at
a site in accordance with Section 489.113(9}, F.S.
~
3.
4.
[2a
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5.
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6.
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7.
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Certified By Thomas H. Turton, P.E.
Vice President
Title
No
o
o
o
o
o
o
o
o
This form will be kept on file by the FDEP District office. Contractors must immediately notify the FDEP
(Brownfields District Coordinator) of any change in the above criteria. The FDEP may order a suspension or
cessation of work for failure of a contractor to maintain their required certification. For additional guidance regarding
completion of this form please see the attached "Tip Sheet for Contractor Certification Form". Please return this
form (without the Tip Sheet) to the appropriate District Brownfields Coordinator.
"Protect, Conserve and Manage Florida .s Environment and Natural Resources"
Printed on recycled paper.
rev. 04118/01
)DUC!!R
MARSH RISK & INSURANCE SERVICES, INC.
THREE EMBARCADERO CENTER
SAN FRANCISCO, CA 94119-:i880
CALIFORNIA LICENSE NO. 0437153
1:'~~'''':\l:U '1111' K IIn 'Ill i\j I
col;RTIFICAtE HIIMBER
SEA-OD0414431-0D
rHIS CtRYIflc:A'l'11S I9SUIiD AS A ",Amll OP It,lPOIlMATION ONLY AND CONPI!!RS
NO RIGHTS UPON THE OIiRnflliATE HOLD!!" OT"1!1l TK"" THOSE PROVlOEtl IN 'HE
PDueV. THill CEIn'IfICA'f1i 1l0iS NOT AMEND, UTI!ND 011 At-TI!Il THI! COI/l!RAGI!
AFFDRDaD BY THE PDUCIEG DE8CRlBI;D "liRElN.
COMPANIES AFFORDING COVERAGE
UReD
URS CORPORATION I
100 CALIFORNIA STR~. STE. ~O
SAN FRANCISCO, CA 94111-4529
. .
I
COMPAN'f
A NATIONAL UNION FIRE INS. CO. OF PITISBURGH, PA
COMPANY
B AMERICAN MFRS MUTUAL INS CO
COMPANY
C AMERICAN INTERNATIONAL SPECIALTY LINES INS. CO.
COMPAHf
D
78 ~WCIA-00114-
: I ij'
THIS IS TO CERllFY ntAT POUCIES OF INSURANCe; DE8CRIBfP HEREIN HAVE BEEN I88UED TO 'nlE INSURED NAMED HEReIN FOR 'I1-IE poucv PERIOD ItmICATED.
NO'T\l\lmlSTANDINO AI<< REQUIREMENT, TERM OR CONDITION OF ANt cotlI'lWlT OR OTHER DOCUMENT YJIT1f ~ TO \MilCH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, niE INSURANCE AFFORDED BY niE PCIL/CIEs! DESCRIBeD HEREIN IS SUllJECT TO ALL TtIIi n;RMS, CO!IIPmoNS NIlJ El(CWSlOtlS OF $UCH POLICIES. L....ITS SIiOWIII
MAY HAVE SEEN ReDUCe\) BV PAID Cl.AlMS. '
I pOUCY !I'PI!CTIV!! POucY I!XPlIl,f.T,ON
TYPE OF IN$VRANCE tOUCY /(UIII!O bATE I_UIIDDI"') DATE IMMlDalYY) UMITS
GENERAL UABlUTY Gt..933-C915 04101101 04101/02 $ 2,000,000
COMMERCIAL GENeRAL UAEllLlTV $ 2,000,000
CLAII'olS MADe: [K] OCCUR $ 1,000,000
OWNERS & CONmACTOR'S PROT , 1,000,000
~ 1,000,000
$ 5,000
FSY006395..Q0 AQS 04/01101 04101/02 COMBINED SINGLE LIMIT $ 1.000,000
Nrf"UTO FsYOD639S;.oO(HAWAII) 04101101 04101102
~ OIMoIED AUTOS F5YOD6397rDO (VIRGINIA) 04101101 04101102 BODILY INJURY $
SCHEDULED AUTOS F5Y006398foO(TEXAS) 04101/01 04I01J02 (PerpelWlItI)
X ttlRED AUTOS X3P084803 OO(MASS) 04/01101 04101102 BODIl.Y IPIJURY $
X MON-QIM'lEO AUTOS I (p..IIl:ddcIr<<)
I
I PROPERlY DAMAGE $
.
GAI\/lGE UABILITY AUTO ONLY. EA-'CCIDENT
AWfAl1I'O OTHER THAN AUTO ONLY;
ACCIDENT
AGGREGATe
EXCESS UAIlIUTY EACH OCCURReNCE
UI\oftlRE\.LA FORM A~Go\Te
OTHE~ T11AN UMll~ FORM
PI! s~ ON AND 708-4426 Cf\ 01/01101 01101102
IiPPLC'raRS'LlAIlILITY
708-4425 AOS 01/01101 01/01102
I 01101/02
THE PROPRIETOrv !NCL 708-4427 NY & WI 01/01/01
PARllIIl:RSlEXECUTIVE
OFFICERS ARE: EXCL INCL: USL&H
76-3090 04/01/01 04101102
PROF. UABILiTY (E&O) EACH CLAIM $1.000,000
CLAIMS MACE FORM. AGGREGATE $1.000.000
!SCRIPTlON OF OPI!~TIONS/LOCATIONBN~HICI.E8J8PECI#,L ITEIIS (UNITS MAY BIIUBJI!CT TO PWUC11JtP ell IlElaInONS)
:: CLEARATER CITY PROPERTY. BROWNFIELD REHABILITATION 901-827 CI.EVElAND ST.
~OJECT NO.: C1-00009165.00 STATE OF FLORIDA IS AN ADOmONAL INSURED AS RESPECTS COMMERCIAL GENERAL & AUTO LIABILllY.
?l; 11 B;r,o" I ,; " 01- PI;;,\"' II '
_'Cd' r:"i11 1,.1 ';71'1, ,~, ,;'il~\ ,~III llill
__,Ii
IMDIUl AI<< OF 'IN! POLIOll!I CI:GQIUlIeDtt!IUIft II! CAHC:a.LED ~E M EXPIRliTlOIf OAlE 'JHEiU5Of,
'lie INIURIPl AFI'OIllllNG COWlAGE wu. ~~1olAII. --3.Q CAft ~ ~CE TO 'PIE
I:liRIlf\Co\Tfi 'IOJ.DI'Il NAMIil) ttalQ\I,
~~
MlO>~.
IIARBIIUBAlNC.
MichioNe~ ~L
CllY OF CLEARWATER
112 SOUTH OSCEOLA AVE.
CLEARWATER, FL 33756
Hufford, Diane
From:
Sent:
To:
Cc:
Subject:
Gerard, David [David.Gerard@dep.state.f1.us]
Tuesday, April 02, 2002 9:39 AM
Diane Hufford (E-mail)
Gonsalves, Michael; TSmith@Akerman.com; ed_siersema@urscorp.com;
tom_carberry@ursc01p.com; Register, Roger
Contractor Insurance
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Gerard, David.vd InterScan_SafeSta
mp.txt
Diane,
My records indicate that your Brownfields Contractor's insurance coverage
(General, Auto, and PLI) expired yesterday. Please ask your contractor to
submit documentation which demonstrates it has renewed the applicable
coverages.
Thank you.
David Gerard, PE II
Brownfields Southwest District Coordinator
Waste Cleanup Engineer
Florida Department of Environmental Protection
3804 Coconut Palm Drive
Tampa, Florida 33619-8318
Telephone: 813.744.6100 or Suncom 512-1042, extension 420
Fax: 813.744.6125
david.gerard@dep.state.fl.us <mailto:david.gerard@dep.state.fl.us>
www.dep.state.fl.us
<<Gerard, David.vcf>>
1
City of Clearwater
. Brownfield Site Rehab. , 'n Agreement Attachments
Dimmit Chevrolet Property B
BF Site 10 #BF529701002
Attachment F
Quality Assurance Certification
The PRFBSR shall submit to the Department documentation showing that the laboratory(s)
performing analysis have been accredited by a NELAP-recognized accrediting authority (in Florida,
the Department of Health, Bureau of Laboratories.) Analytical methods capable of meeting the
cleanup target levels in Chapter 62-785, F.A.C., shall be used for all analyses.
So long as Chapter 62-160, F.A.C., includes a Comprehensive Quality Assurance Plan
(CompQAP) requirement, the PRFBSR shall submit to the Department'documents certifying that
the organization(s) performing the field sampling activities have a Department-approved
Comprehensive Quality Assurance Plan (CompQAP) in which eacti. is approved for the sampling
activities to be performed as part of the assessment and correCtive actions at the site. The
documentation shall, at minimum, contain either the most recent Title Page (signed by the
Department QA Officer) and Table of Contents of the Department approved CompQAP (if the
CompQAP is a 15-section document) or the most current CompQAP letter of approval signed by
the Department QA Officer. All identified organizations shall follow the protocols outlined in their
respective CompQAP(s).
1. If at any time sampling activities are anticipated which are not in the Department-approved
CompQAP, and the PRFBSR wishes to maintain the services of the affected
organization(s), the organization(s) shall submit amendments to add the capabilities to the
CompQAP(s). The letter approving such amendments, and signed by the Department QA
Officer, shall be submitted to the Department.
2. If the organization(s) performing the sampling change at any time during the assessment
and corrective actions, documentation of their Department approved CompQAP (as
outlined in paragraph 1 above) shall be required.
3. If the approval of the CompQAP for a specified organization expires during the course of
the investigation or corrective actions, the PRFBSR shall discontinue using the organization
until the organization obtains CompQAP approval or another organization is selected and
documentation outlined in paragraph 1 above is submitted.
4. The Department reserves the right to reject any results generated by the PRFBSR if any
organization performs an activity that is not specifically approved in its CompQAP or
NELAP accreditation, if there is reasonable doubt as to the quality of the data or method
used, if the sampling was not performed in accordance with the approved CompQAPs, or if
analysis was performed not in accordance with NELAP accreditation, or if the CompQAP or
NELAP accreditation of any organization expires.
City of Clearwater
Brownfield Site Reha~ ion Agreement Attachments
Dimmit Chevrolet Property 8
BF Site 10 #BF529701 002
Attachment G
Advisory Committee Members
Mary Miller
1400 South Madison Avenue
Clearwater, Florida 33756
Tel.: (727) 442-4366
email: Mary-Miller@Prodigy.Net
Gary Gray
400 Island Way, No. 103
Clearwater, Florida 33767
Mail to: First National Bank of Clearwater
1150 Cleveland Street
Clearwater, FL 33755
Tel.: (727) 298-1262 (0)
Fax: (727) 462:-0437
Brian Flaherty, Chair
1522 Sand Hollow Court
Palm Harbor, Florida 34683
Tel.: (727) 458-4464 (H)
Office: 1135 Pierce Street
Palm Harbor, FL 33756
Tel.: (727) 787-0091 (0)
Fax: (727) 467-9494
Stephen Fowler, Vice Chair
319 Roebling Road North
Belleair, Florida 33756
Tel.: (727) 461-2930 (H)
Office: 1421 Court Street, Suite D
Belleair, FL 33756
Tel.: (727) 449-2021 (0)
Fax: (727)447-5339
email: fowlerarch@aol.com
Thomas Noble
5265 East Bay Drive, Unit 1022
Clearwater, Florida 33764
Tel.: (727) 532-8336 (H)
Office: 6100 154th Avenue, North
Clearwater, FL 33760
Tel.: (727) 538-7167, ext. 1057 (0)
Willa Carson
1777 Harbor Drive
Clearwater, Florida 33755
Tel.: (727) 447-6993 (H)
Office: 1108 North Greenwood Avenue
Clearwater, FL 33755
Tel.: (727) 467-9411 (0) ,
Fax: (727) 467-2771
Renu Khator
15909 Layton Court
Tampa, Florida 33647
Tel.: (813) 972-2973 (H)
Office: 4202 East Fowler Avenue
Tampa, FL 33620
Tel: (813) 974-2739
Fax: (813) 974-2184
email: khator@chuma1.cas.usf.edu
Rev. William F. Sherman, Sr.
1249 Eldridge Street
Clearwater, Florida 33755
Tel.: (727) 443-6650 (H)
Tel.: (727) 446-6137 (0)
Karen Fenton
18 Douglas Avenue
Dunedin, Florida 34698
Tel.: 738-2777 (H)
Tel.: 461-8644 (0)
City of Clearwater
Brownfield Site Rehabilitation Agreement Attachments
Dimmit Chevrolet Property B
BF Site 10 #BF529701 002
Attachment H
Format for Submittals of Technical Doc.timents
1. Two hard copies of each draft report or proposal shall be submitted to the
Department.
2. In an effort to increase efficiency and Jesponsiveness, and to enhance
environmental protection, electronic (digital) records are an acceptable media
substitute for "hard copy" (paper) and shall be pursued as the first option of
choice to arrive at compliance. Where an electronic,(digital) format exists of the
records it shall be used to transmit the data, file, report, document, map, plans,
picture, record, or any other object that may be available in an electronic (digital)
format. Electronic records shall be kept in industry standard non-proprietary
formats: TIFF, GIF, JPEG, PDF, or in Microsoft Word, Microsoft Excel, and
Microsoft Access not older than one (1) release behind the current.
3. Data requested shall be tral'Jsmitted using available media such as Email,
Compact Disc (CD), Floppy Diskette, DL T tape cartridge, or File Transfer via an
FTP site or dial-in connection. Additional formats may be considered at the time
of the request.
4. After final approval of each report an electronic copy and one hard copy shall be
submitted. The electronic copy shall be saved on Compact Disk (CD) for
archiving purposes.' , ., ,
'! :"
5. The media shall include a file directory and specify the "naming convention".
(a) Final reports (any text files) must be in one of the appro.forn:'a~s.
(b) Site mapsshall be in ".dxf', TIFF, JPEG or u.pdf' fo~~at. .,
(c) Site surveys shall be in u.dxf' format. '__...
(d) , Site specific GIS data tables shall be in Excel or text (tab delimited) format.
(e) The cover of the media shall include the Site Name, Designated Brownfield
Area, Date and Type of Report(s).
(f) The left inside cover of the media should list all the files located on the
media.
City of Clearwater
Brownfield Site Rehabilitation Agreement Attachments
Dimmit Chevrolet Property B
BF Site ID #BF529701 002
D.E.P.
J U L 0 9 2001 a
Southwest District la\t\9
SITE ACCESS AGREEMENT
(PERMISSION TO ENTER PROPERTY)
1. The City of Clearwater, Florida (the City), hereby gives permission to the Florida
Department of Environmental Protection (the Department) and its agents and contractors
to enter the City's property (the Property) located at in Clearwater and having the following
legal description: Lots 1-8 and 11-19 of Block 2, MAGNOLIA PARK, according to the map
or plat thereof recorded in Plat Book 3, page 43, public records of Pinellas County, Florida.
LESS AND EXCEPT that portion of the above-described lands lying within the road of
Cleveland Street within the meaning of section 95.361 (1) ofthe Florida Statutes.
2. This permissIon is specifically limited to the following activities that may be
performed by the Department or its agents or contractors: to conduct any activities that
are necessary and appropriate for determining compliance with the BSRA, including but
not limited to inspection of any brownfield site rehabilitation activities conducted or
remediation equipment installed on the Property.
3. The granting of this permissIon by the City is not intended and shall not be
construed as an admission of liability on the part of the City or its successors or assigns
for any contamination discovered on the Property.
4. The Department or its agents or contractors may enter the property at any time
during normal business hours and may also make arrangements to enter the Property at
other times with the consent of the City.
5. The City shall not be liable for any injury, damage, or loss on the Property suffered
by the Department or its agents, employees, or contractors not caused by the negligence
or intentional acts of the City's agents, employees, or contractors.
6. The Department acknowledges and accepts its responsibility under applicable law
(section 768.28 of the Florida Statutes) for damages caused by the acts of its employees
while on the Property.
Site Access Agreement
Page i ofii
City of Clearwater
Brownfield Site Rehabilitation Agreement Attachments
Dimmit Chevrolet Property B
SF Site 10 #BF529701 002
Countersigned:
Approved as to form:
ill;-
Pamela K. Akin
A~~f!;t~nt City Attorney
D.E.R.
JUL 0 9 2001'
Southwest District Tat\\\1-&
CITY OF CLEARWATER, FLORIDA
112 South Osceola Avenue
Clearwater, Florida 33756
(727) 562-4032
~13.~"1t
William B. Horne, II
Interim City Manager
By:
Attest:
ia E. Goudeau
lerk
Accepted by the Florida Department of Environmental Protection by the following
authorized agent:
ture of DEP Represe
1/)'bJ6J
Date I /
Site Access Agreement
~ .
, 'L /
, . /le.~. ,?t;,l( A
Signature of Witness /
7/2"'/0/
Date l '
Page ii of ii