BROWNFIELDS SITE REHABILITATION AGREEMENT FOR GREENWOOD COMMUNITY HEALTH RESOURCE CENTER
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Department of
Environmental Protection
Jeb Bush
Governor
Southwest District
3804 Coconut Palm Drive
Tampa. Florida 33619
David B, Struhs
Secretary
January 18, 2000
Mr. Miles Ballogg, Brownfields Coordinator
City of Clearwater
Economic Development Team
Post Office Box 4748
Clearwater, Florida 33758-4748
Re: Executed Brownfields Site Rehabilitation Agreement
Greenwood Community Health Resource Center
1108 N. Greenwood Avenue
Clearwater Brownfields Area
Pinellas County
Dear Mr. Ballogg,
Please find enclosed the Brownfields Site Rehabilitation
Agreement (BSRA) for the dbove-referenced slte. The enclosed BSRA is
an original with signatures for the City's records. The agreement is
final unless a timely petition for an administrative hearing is filed
pursuant to Paragraph 19.
Congratulations to you and the City of Clearwater! The
Department applauds your leadership role in promoting the Florida
Brownfields redevelopment initiative. Clearwater's pioneering work on
this proj ect provides a solid foundation for further brownf ields
redevelopment in the Clearwater Community, and serves as a model for
the other municipalities across the State.
The Department looks forward
redevelopment in Clearwater. Should you
call me at (813) 744-6100, extension 420.
to additional Brownfields
have any questions, please
s~Tr : u
~i w. Gi{ard, P.E.
BrQwnfields Coordinator
Southwest District
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"More Protection, Less Process"
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I Department oft
Environmental Protection
Communications Office
Jeb Bush
Governor
Southwest District Office
3804 Coconut Palm Drive
Tampa, F~rida 33619
David B. Struhs
Secretary
FOR IMMEDIATE RELEASE:
January 18,2000
CONTACTS:
David Gerard,
. 813n44-6100 ext. 420
Merritt Mitchell,
813/744-6100 ext. 475
SOUTHWEST DISTRICT ANNOUNCES FIRST BROWNFlELDS PARTNERSHIP
City of Clearwater is the first municipality to enter into this innovative agreement
TAMPA - The Florida Department of Environmental Protection and the City of Clearwater entered
into the first Southwest District Brownfields Site Rehabilitation Agreement (BSRA) on Tuesday,
January 18, 2000. This historic agreement will rehabilitate a former service station and transform the
property into the new home of the Greenwood Community Health Resource Center. The residents of
the Clearwater Brownfields Area selected the location for the new center as the best and most
productive use of the designated Brownfields site, and this is a perfect example of a successful
"Community Empowerment Project." The Greenwood Community Health Resource Center will
continue to provide free health care services for low-income residents of the area and will serve as a
catalyst for additional rejuvenation projects in the neighborhood.
"The Department is very pleased to be a part of this partnership with the City of Clearwater for
community redevelopment in the Brownfields program," said Southwest District Director Deborah
Getzoff. "The state program is a collaborative effort with the U.S. EPA to develop a work plan and
funding source for local Brownfields initiatives, The City of Clearwater is an impressive leader in the
Brownfields program and we are thrilled to have this pilot project in our District."
The State of Florida's Brownfields initiative is designed to assist local governments with the restoration
and sustainable reuse of sites impacted by industrial activity. The overall goal of the program is to
return sites to productive use and to protect the public health and the environment of the surrounding
communities by expediting the cleanup of these properties. The designation and redevelopment of a
Brownfields site involves community residents and other interested stakeholders in the decision making
process and numerous federal and state financial, regulatory and technical incentives exist to ensure
project success,
For more information regarding the Brownfields Program please contact the District's Brownfields
Coordinator, David Gerard at (813) 744-6100, ext. 420 or visit the DEP Website at:
www.dep.state.fl.us\dwrn\programs\brownfields.
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"MoreProtection, Less Process"
Website: www.dep.state.ft.uslswd
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BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
IN RE:
The City of Clearwater
BROWNFIELD SITE REHABILITATION AGREEMENT PURSUANT TO ~376.80(5),
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 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 and 376, Florida Statutes, and the rules promulgated
thereunder, Florida Administrative Code 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
Chapter 376.81, F.S~, to establish by rule, criteria for
determining the rehabilitation program tasks that comprise a site
rehabilitation program and the level at which a rehabilitation
program task and a site rehabilitation program may be completed;
and
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 State of Florida Department of
Environmental Protection (Department) and The City of Clearwater,
hereinafter the Person Responsible For Brownfield Site
Rehabilitation (PRFBSR) (collectively as the ~parties"), to reach
an agreement on the terms for rehabilitation of a brownfield area
pursuant to ~376.80(5), F.S. The Department and the PRFBSR agree
to the following:
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1. The Department is the agency of the State of Florida
with the authority and power to enforce the provisions of Chapters
403 and 376, F.S.
2. The City of Clearwater is the PRFBSR as defined in
~376.79(12), F.S., for the real property described in the attached
map and legal description (see Attachment "A"), incorporated
herein, that has been designated by local government resolution as
a brownfield area as defined in ~376.79(4), F.S. The PRFBSR has
agreed to conduct "site rehabilitation" as defined in ~376.79(15),
F.S., at the real property described in Attachment "A".
3. 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 (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, F.S., or Chapter 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;
(c) to conduct site rehabilitation in accordance with
an approved comprehensive quality assurance plan under Chapter
62-160, F.A.C.;
(d) to conduct site rehabilitation consistent with
state, federal, and local laws and consistent with the cleanup
criteria in ~376.81, F.S., and the requirements of the Rule
Chapter 62-785, F.A.C., Brownfields Cleanup Criteria rule;
(e) to maintain and allow site access for the
Department during the entire site rehabilitation process as
evidenced by the attached documentation (Attachment "C"),
incorporated herein, establishing that site access has been
secured in agreement to perform site rehabilitation activities and
for access by the Department to the real property described in
Attachment "A"; and
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(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 described in Attachment "A".
4. A certification stating that a fully executed agreement
exists between the PRFBSR and the local government with
jurisdiction over the real property described in Attachment "A"
containing terms for the redevelopment of the real property
described in Attachment "A", is attached. A copy of the
certification is attached as Attachment "D".
5. The latitude and longitude coordinates in minutes,
degrees and seconds, datum used, and accuracy of method
for the real property described in Attachment "A" are:
Latitude 82-47-32 Longitude 27-58-38in DMS (Degrees, Minutes,
Seconds)
6. The PRFBSR must ensure that any contractor performing
site rehabilitation program tasks at or for the real property
described in Attachment "A" has provided documentation to the
Department certifying that the contractor:
(a) meets all certification and license requirements
imposed by law;
(b) has obtained approval for the comprehensive
quality-assurance plan prepared under Department rules;
(c) complies with applicable OSHA regulations;
(d) maintains workers' compensation insurance for all
employees as required by the Florida Workers' Compensation Law;
(e) 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;
(f) maintains professional liability insurance of at
least $1 million per occurrence and $1 million annual aggregate;
and
(g) 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. 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).
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80 The PRFBSR shall establish 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, and
environmental justice. The names, addresses, and contact numbers
for all Advisory Committee members shall be included as Attachment
"E".
9. The PRFBSR shall save and hold harmless and indemnify
the State of Florida and the Department against any and all
liabilities, 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, resulting from the negligent acts or omissions of the
PRFBSR, or the negligent acts or omissions of its contractors,
subcontractors, or any of the employees, agents or representatives
of the PRFBSR and the contractor or subcontractor to the extent
allowed by law.
10. 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.
110 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. If the ~RFBSR fails to comply with the provisions of
this BSRA, the Department will notify the PRFBSR in writing of any
breach of this agreement. The PRFBSR will have 90 days from
receipt of the letter from the Department to return to compliance
or to negotiate a modification to this BSRA with the Department
for good cause shown. The 90-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
~376.82, F.S., are revoked.
12. In consideration of the execution and successful
completion of this BSRA unless it is demonstrated that one of the
provisions in ~376.82(3) (a)-(e), FoSo, has occurred, the PRFBSR
shall be relieved from further liability for remediation of the
real property described in Attachment "A" to the state and to
third parties and of liability in contribution to any other party
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who has or may incur cleanup liability for the real property
described in Attachment "A"
13. 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 real
property described in Attachment "A" that require Department
action to abate an imminent hazard to the public health, welfare
or the environment.
14. 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, but 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.
15. All reports, plans, data, responses, addenda, or
modifications to reports and plans required by this BSRA to be
submitted to the Department shall be sent to
William Kutash
Administrator, Waste Management
Attention: BROWNFIELDS PROGRAM
Florida Department of Environmental Protection
3804 Coconut Palm Drive
Tampa, Florida, 33619-8318
for review. Time-frames for the Department's review of technical
reports and plans 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. The electronic copy shall be saved on Compact Disk
(CD) for archiving purposes in the format listed in the attached
Instruction Section.
16. During the cleanup process, if the Department fails to
complete 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.
17. The PRFBSR shall not assign any rights or
responsibilities under this BSRA to any other party without the
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written consent of the Department and the local government with
jurisdiction over the real property described in Attachment "A".
18. By entering into this BSRA, the PRFBSR waives its right
to challenge the contents of this BSRA in an administrative
hearing afforded by ~120.569 and ~120.57, F.S., and an appeal
afforded by the terms of ~120.68, F.S. This BSRA does not deny
the PRFBSR a right to challenge agency actions taken pursuant to
this BSRA. Any action hereon or in connection herewith shall be
brought in Pinellas County, Florida. 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.
19. The Agreement shall become final unless a timely petition
for an administrative hearing is filed under sections 120.569 and
120.57, Florida Statutes ("F.S."), within 21 days of receipt of
this Agreement. The procedures for petitioning for a hearing are
set forth below.
Persons affected by this Agreement have the following
options:
If you choose to accept the above
about you do not have to do anything.
effective as of the date on the top of
Agreement.
decision by the Department
This Agreement is final and
the first page of this
If you disagree with the decision, you may do one of the
following:
1. file a petition for administrative hearing with the
Department's Office of General Counsel within 21 days of receipt
of this Agreement;
OR
2. file a request for an extension of time to file a petition
for hearing with the Department's Office of General Counsel within
21 days of receipt of this Agreement. 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.
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Please be advised that mediation of this decision pursuant to
section 120.573, Florida Statutes ("F.S."), is not available.
How to ReQuest an Extension of Time to File a Petition for Hearing
For good cause shown, pursuant to rule 62-110.106(4), Florida
Administrative Code ("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) in the Office of General Counsel
of the Department at 3900 Commonwealth Boulevard, Mail Station 35,
Tallahassee, Florida, 32399-3000, within 21 days of receipt of
this Agreement Petitioner, if different from the PRFBSR, 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
made.
How to File a Petition for Administrative Hearing
A person whose substantial interests are affected by this
Agreement may petition for an administrative proceeding (hearing)
under sections 120.569 and 120.57, F.S. The petition must contain
the information set forth below and must be filed (received) in
the Office of General Counsel of the Department at 3900
Commonwealth Boulevard, MS 35, Tallahassee, Florida, 32399-3000,
within 21 days of receipt of this Agreement. Petitioner, if
different from the PRFBSR 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 h~aring under sections 120.569 and 120.57, F.S.
Pursuant to subsections 120.54(5) (b)4 and 120.569(2), F.S.
and rule 28-106.201, F.A.C., a petition for administrative hearing
shall contain the following information:
a) The name, address, and telephone number of each
petitioner, the name, address, and telephone number of the
petitioner's representative, if any, the site owner's name
and address, if different from the petitioner, the DEP
facility number, and the name and address of the facility;
b) A statement of how and when each petitioner received
notice of the Department's action or proposed action;
c) An explanation of how each petitioner's substantial
interests are or will be affected by the Department's
action or proposed action;
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d) A statement of the material facts disputed by the
petitioner, or a statement that there are no disputed
facts;
e) 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;
f) A statement of the specific rules or statutes the
petitioner contends requires reversal or modification of
the Department's action or proposed action; and
g) 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.
This Agreement is final and effective as of the date on the
top of the first page of this Agreement. Timely filing a petition
for administrative hearing postpones the date this Agreement 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.
Judicial Review
Any party to this Agreement has the right to seek judicial
review of it under section 120.68, F.S., by filing a notice of
appeal under rule 9.110 of the Florida Rules of Appellate
Procedure with the ~lerk of the Department in the Office of
General Counsel, Mail Station 35, 3900 Commonwealth Boulevard,
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 days after this agreement is filed
with the clerk of the Department (see below) .
Ouest ions
Any questions regarding the Agreement should be directed to
David Gerard, P.E. II, SW Brownfield District Coordinator, at
(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.
This Agreement is effective on the date of the execution.
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IN WITNESS WHEREOF, the parties have caused this Agreement to
be duly executed, the day and year last written below.
Countersigned:
!bI~
Brian J. Aun
Mayor-Commissioner
Approved as to form:
~ '~J.;i
eslie Dougall- i es ~
Assistant City Attorney
DONE AND ORDERED this
(insert year~OOV , in
App
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FOR THE PERSON RESPONSIBLE FOR
BROWNFIELD SITE REHABILITATION:
----
J CLEAR:TER. FL:RIDA
Michael 1. Roberto
City Manager
By:
Attest:
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Cyn . a E. Goudeau~_-
City Clerk ' ,-
D.. .
Ifek
~~~
day of d~,
, Florida.
STATE OF FLORIDA DEPARTMENT OF
ENVIRONME TAL PROTECTION
Southwest Florida
(District)
3804 Coconut Palm Drive
(Address)
Tampa. Florida. 33619-8318
(City, State, Zip Code)
(813) 744-6100
(Phone)
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FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to 9 I 20.52
Florida Statutes, with the designated
Department Clerk, receipt of which is
hereby acknowledged,
~@A
Clerk
(or Deputy Clerk)
/ -/g-;{tJDl/
. Date
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BROWNFIELD SITE REHABILITATION AGREEMENT (BSRA)
INSTRUCTIONS
INDEX:
Section
1 Description of Property
2 Rehabilitation Schedule
3 Quality Assurance Certification
4 Site Rehabilitation
5 Area Access Documentation
6 Pollution Prevention Plan
7 Agreement with Local Government
8 Area Coordinates
9 Advisory Committee
10 Conflict Resolution
11 Format of Technical Documents
12 Publication of Notice (Optional)
SECTION 1: DESCRIPTION OF PROPERTY
Paragraph
in BSRA
2
3 (a)
3 (c)
3 (d)
3 (e)
3 (f)
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5
8
11
15
A map and legal description of the brownfield area shall be
attached as Attachment A. A detailed map shall clearly delineate
exactly which parcel(s) are to be included in the brownfield area
or a less detailed map with a legal description of the brownfield
area shall be included. The information provided in the map shall
be compatible with the Department's Geographic Information System
(GIS) .
SECTION 2: REHABILITATION SCHEDULE
1. The person responsible for brownfield site rehabilitation
(PRFBSR) who wishes to conduct cleanup pursuant to the
Brownfields Redevelopment Act must propose a brownfield site
rehabilitation schedule as required by paragraph 376.80(5) (a),
F.S., describing the schedule for site rehabilitation
activities that addresses each of the contamination assessment
and remedial action tasks including milestones for completion
of site rehabilitation tasks, submittal of technical reports
and rehabilitation plans and the Department's review
time-frames for review of reports or plans. The approved
schedule shall be attached as Attachment B and incorporated
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into the BSRA. All contamination assessment and remedial
action tasks set forth therein shall be conducted in a timely
manner and in accordance with the approved schedule for site
rehabilitation.
2. The PRFBSR shall submit one hard copy and one electronic copy
of each report to the Department in the format provided in
Section 10 of the Instructions.
3. Table I on the following page contains examples of submittals
or review time-frames for reports, as applicable, submitted by
the PRFBSR for review by the Department and initiation of
applicable activities by the PRFBSR:
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Attacmnent B
Table I
Submittals and Time-frames
When seeking approval before
implementation of an alternative product
recovery method, groundwater recovery, soil
treatment or disposal technique (62-785.500).
Within 180 days of initiating source removal
activities.
Within 60 days of completion of source
removal activities.
SRP submitted within 270 days of executing
BSRA. May include multiple tasks.
SAR submitted within 270 days of executing
BSRA.
Optional (within 60 days of SAR.)
When the site meets the criteria for NF A
(62-785.680).
When the site meets the criteria for MO
(62-785.690).
Within 60 days of sample collection.
Within 90 days of approval of a SAR or RAR.
Within 120 days of initiating operation of the
active remediation system.
Within 120 days of RAP approval.
Within 60 days of the anniversary date of
initiating operation of active remediation
system.
When the site meets the criteria for NFA
(62-785.680) or Leveling-Off (62-685.700(17)
Within 60 days of sample collection.
Within 60 days of the final sampling event. If
SRCR not approved then submit
modifications, etc. within 60 days of
Department's response.
Within seven (7) days but not less than 24
hours prior notice to the Department to
perform field activity.
Within 60 days of receipt of the Department's
response.
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SECTION 3: QUALITY ASSURANCE CERTIFICATION
The PRFBSR shall submit to the Department documents certifying
that the organization(s) and laboratory(s) performing the sampling
and analysis have a Department-approved Comprehensive Quality
Assurance Plan (CompQAP) in which each is approved for the
sampling and analysis activities each will perform 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 FDEP 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 FDEP QA Officer. All identified organizations shall follow
the protocols outlined in their respective CompQAP(s) .
a) If at any time sampling and/or analysis 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 FDEP QA Officer, shall be submitted to the
Department. Analytical methods capable of meeting the
cleanup target levels in Chapter 62-785, F.A.C., shall be
used for all analyses.
b) If the organization(s) or laboratory(s) performing the
sampling and analysis change at any time during the
assessment ~nd corrective actions, documentation of their
Department approved CompQAP (as outlined in paragraph 1
above) shall be required.
c) 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.
d) 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,
if there is reasonable doubt as to the quality of the data
or method used, if the sampling and analysis were not
performed in accordance with the approved CompQAPs or if
the CompQAP of any organization expires.
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SECTION 4: SITE REHABILITATION
The PRFBSR shall comply with all applicable local, state, and
federal rules and regulations and shall obtain any necessary
approvals/permits from local, state, and federal authorities
required to perform the necessary site rehabilitation work. All
site rehabilitation shall be done in accordance with the
provisions in Chapter 376.81, F.S., and Chapter 62-785, F.A.C.
SECTION 5: SITE ACCESS DOCUMENTATION
The PRFBSR shall provide the Department with copies of any site
access agreements entered into between the PRFBSR and the owner(s)
of all the individual parcels comprising the Brownfield area,
which shall be incorporated as Attachment C.
SECTION 6: POLLUTION PREVENTION PLAN
Local pollution prevention programs as well as state pollution
prevention programs are available to assist in determining
pollution reduction measures. The Department recommends that the
PRFBSR contact the Department's Pollution Prevention/Waste
Reduction Program at (850) 488-0300, or the local pollution
prevention program (insert phone number) for recommendations on
waste minimization and waste management and for assistance with
pollution prevention measures. Such measures may include improved
inventory or production controls and procedures for preventing a
loss, spills, and l~aks of hazardous waste and materials, and
include the goals for the reduction of releases of toxic
materials.
SECTION 7: AGREEMENT WITH LOCAL GOVERNMENT
The agreement between the PRFBSR and the local government with
jurisdiction over the brownfield area that contains the terms for
the redevelopment of the brownfield area shall be included as
Attachment D.
SECTION 8: AREA COORDINATES
Latitude and longitude coordinates of the designated brownfield
site or area shall be provided to the Department that are
compatible with the Department's GIS.
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SECTION 9: Advisory Committee
1. The names, addresses, and contact numbers for all Advisory
Committee members shall be included in Attachment E. One copy
of the Site Rehabilitation Plan which may include the Site
Assessment Report, Risk Assessment Report, No Further Action
Proposal, Monitoring Only for Natural Attenuation Proposal or
Remedial Action Plan and one copy of the Site Rehabilitation
Completion Report shall be provided to the Advisory Committee.
SECTION 10: CONFLICT RESOLUTION
In the event that the Department determines a document to be
inadequate or there are disagreements between the PRFBSR and the
Department concerning the information provided in the document,
the Department, at its option, may choose to: (a) draft specific
modifications to the document and notify the PRFBSR in writing
that approval of the Document is being granted contingent upon
those modifications being incorporated into the document, or (b)
resolve the issues through correspondence, telephone discussions,
and/or meetings.
SECTION 11: FORMAT OF TECHNICAL DOCUMENTS
1. Two hard copies of each draft report or proposal shall be
submitted to the Department. After final approval of each
report an electronic copy and one hard copy shall be submitted.
The electronic cqpy shall be saved on Compact Disk (CD) for
archiving purposes. The Department encourages the use of
electronic media (such as, e-mailing reports, CDs, or 3.5 inch
disk) over the use of hard copies, when appropriate.
2. The CD shall include a file directory and specify the Unaming
convention".
a) Final reports (any text files) shall be in u.pdf" format.
b) Site maps shall be in ".dxf" and u.pdf" format.
c) Site surveys shall be in u.dxf" format.
d) Site specific GIS data tables in Excel 5.0 or text (tab
delimited) .
e) The cover of the CD should include at a minimum the Site
Name, Designated Brownfield Area, Date and Type of
Report(s) .
f) The left inside cover of the CD should list all the files
located on the CD.
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SECTION 12: PUBLICATION OF NOTICE (OPTIONAL)
If the PRFBSR wishes to publish notice of site rehabilitation
activities once the BSRA has been signed by the PRFBSR and the
Department, the Department recommends that the following notice be
published in a newspaper of daily circulation in the city and
county where the site rehabilitation activities are taking place.
MODEL NOTICE
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF BROWNFIELD SITE REHABILITATION AGREEMENT
The Department of Environmental Protection gives notice of
agency action of entering into a Brownfield Site Rehabilitation
Agreement (hereinafter UAgreement") with
pursuant to Section 376.80(5), Florida Statutes. The Agreement
addresses the
activities in the vicinity of This
Agreement is made available for public inspection during normal
business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday,
except legal holidays at the Florida Department of Environmental
Protection,
Persons who are not parties to this Agreement but whose
substantial interests are affected by this Agreement have a right,
pursuant to ~120.562 and ~120.57, F.S., to petition for an
administrative hearing. The Petition must contain the information
set forth below and must be filed at the Department's Office of
General Counsel, 3900 Commonwealth Boulevard, Tallahassee, FL
32399-3000, within 21 days of receipt of this notice. A copy of
the Petition must also be mailed at the time of the filing to the
District Office named below at the address indicated. Failure to
file a petition with the 21 days constitutes a waiver of any right
such person has to an administrative hearing pursuant to ~120.569
and ~120.57, F.S.
The Petition shall contain the following information: (a)
The name, address and telephone number of each petitioner and the
county in which the subject matter or activity is located; (b) A
statement of how and when each petitioner received notice of the
Agreement; (c) A statement of how each petitioner's substantial
interests are affected by the Agreement; (d) A statement of the
material facts disputed by petitioner, if any; (e) A statement
of facts which petitioner contends warrant termination or
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modification of the Agreement; (f) A statement of which rules or
statutes petitioner contends require termination or modification
of the Agreement; and (g) A statement of the relief sought by
petitioner, stating precisely the action petitioner wants the
Department to take with respect to the Agreement.
If a Petition is filed, the administrative hearing process is
designed to formulate agency action. Accordingly, the
Department's final action may be different from the position taken
by the Department in the Agreement. Persons whose substantial
interests will be affected by any decision of the Department with
regard to the subject Agreement have the right to petition to
become a party to the proceeding. The petition must conform to
the requirements specified above and must be filed, within 21 days
of the receipt of this notice, in the Office of General Counsel at
the above address. Failure to petition within the allowed
time-frame constitutes a waiver of any right such person has to
request a hearing under ~120.569 and ~120.57, F.S., and to
participate as a party to this proceeding. Any subsequent
intervention will only be at the approval of the presiding officer
upon motion filed pursuant to Rule 60Q-2.010, Florida
Administrative Code.
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Attachment" A"
Legal Description for property located at 1108 N. Greenwood Avenue in
Clearwater, Florida.
Lot 4 less Road and East 65 feet of Lot 5, GREENWOOD MANOR, according
to the map or plat thereof as recorded in Plat Book 21, Page 65 of the Public
Records of Pinellas County, Florida (See Attached Map).
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t'En {IF.lcO TO..
CITY OF CLEARWA TE'R 1
FIDELITY NA 7lONAL 71~ INS. CO,
SEe. 10
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THIS LOT UES ENTIRE\. T WItHIN
nooo ZONE X ACCORDINC TO
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12509& 00080:0ATEO 8/19/'"'
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'~"'g Sur"JOt', leal.
i\ SURVEY Of LOT .. LESS ROAD AND THE EAST 65 FEET OF LOT 5. GREENWOOD MANOR
, Of THE PUBUC RECOR9.S C?F ~NELlAS
AS RECORDED IN PLAT BOOK 21 ,PAGE(S) 65
COUNTY, FLORIDA.
I do further cerUty that the survey represented hereon
472.027 Chapter 61017-6. Florida Administrative Code.
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rido Statutes
~.ornerstone Engineering &: Surveying, Inc.
~ ~ . ENGINEERS . SURVEYORS . LAND PLANNERS
T t~t4 CZ06Y1lUND STlt6lrT. CLlrARrATIrR. 1"1.0RlDA ..4...
~H. (at8) 44~-t~.8 OR 44.-48.4
OA TE Of SURVEY:
10/15/1999
DRAWN BY: RLH
BOUNDARY SURVEY
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ltI'TACHMENT "c" .
I LEASE AGREEMENT
,
THIS LEASE, is entered into this _ day of . 1999, by and
between CITY OF CLEARWATER, (hereinafter "Landlord") and Tenant's GREENWOOD
COMMUNITY HEALTH RESOURCE CENTER, located at 1108 N. Greenwood Avenue,
Clearwater, FL 33755, (hereinafter "Tenant").
1. Description of Land. In consideration of the covenants contained herein on the
part of said Tenant to be kept and pertormed, the Landlord hereby leases vacant land located
at 1108 N. Greenwood Avenue, Clearwater, FL, which land is more particularly described as
Exhibit "A" attached hereto and incorporated herein (the "Land").
~ Term. :lle initidl term oJ this Lease shall be thir-oy (30) years, rCOmme;~cing
3. Rent. Landlord agrees to rent the Land to Tenant for the sum of One Dollar
($1.00) per year for the term of this Le?se.
4. Use of Land. Tenant sha!l use and occupy the Land during the Term of this
Lease only for the purpose of the t)pp.ration of Tenant's Greenwood Community Health
Resource Center ("Center-). Tenant :-h:;1I not permit the Land to be used for any unlawful,
improper, unethical or objectionable pt;rpose, or do anything, which may make void or
unenforceable any insurance then in f:Jrce. Tenant shall keep the Land in a clean, safe and.
sanitary condition and promptly repair any damage thereto.
As long as Tenant pays the rent wl ten due as provided in section 3 above and observes,
pertorms and keeps aU of the covena,tr. and. agreements contained in this Lease, Landlord
covenants with Tenant that Tenant sl1~1I al'!d m~y lawfully, peacefully and quietly.,have, hOId.:::i .'
use, occupy and enjoy the Land., , ';.':.:, ;,.'. :-";:'i;-:',.::: ~;;:.:-): -:n',: r':-;.'.' ''', :.;:.n:-::n:.,".":-' ".."':-O,:ht;" '" ,'. .
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6. Landlord's Entrv for Inspection. Landlord may enter the Land (and any
structures to be placed thereon) upon reasonable notice during usual business hours to make
inspections, to obey any laws or orders of any duly constituted governmental or municipal
authorities, provided Landlord does not unreasonably or unnecessarily intertere with the
operation of Tenant's business. Landlord agrees to observe all reasonable security regulations
of Tenant and to use reasonable efforts to hold in confidence any information pertaining to
Tenant's business which Landlord may discover.
7. Tenant Improvements. Except for those matters described in Section 15 below,
Tenant acknowledges that Landlord provides the Land in its "as is" condition and with no
representations and warranties as to the use or condition. Any improvements to the Land shall
be: (a) installed at Tenant's sole costs and expense, (b) in compliance with all applicable laws,
.' .
, . orders or regulations of fedlal, state, local and administrative a~l~cies including, but not
limited to, applicable building codes and the Americans with Disabilities Act, (c) in accordance
with plans approved by Landlord, (d) approved by Landlord 'in advance in writing and (e)
installed only by such licensed and bonded contractors as Landlord may approve in writing.
Upon termination or expiration of the Term of this Lease, Tenant shall return the Land and any
improvements to the Landlord.
Further, any equipment or buildings associated with Tenant's business that is located on
the Land and used by Tenant in the operation of Tenant's center shall be installed and
maintained at Tenant's expense in compliance with all applicable laws, orders or regulations of
federal, state, local and administrative agencies including, but not limited to, applicable building
codes and the Americans with Disabilities Act.
8. Ta~s. Tenant agrees t~ pay all ad valorem tax"'~s, special ass~ssments and real
property taxes assessed on the Land, any improvements constructed or placed on the Land
and on Tenant's personal property which is located in or on the Land when such taxes are due
and payable. Tenant also agreEs :0 pay all charges for water, electricity and other public
utilities relating to the Land and ar.y improvements constructed or placed on the Land. Ten~nt
further agrees to indemnify and ho:d Landlord harmless from and against any claim, 1015,
penalty, liability, fine, or action (incl~ding reasonable attorney's fees and costs) arising out of
Tenant's failure to pay such taxes.
9. Liens. Tenant shaii t-.ave no authority to incur, create or permit. and shall I lOt
incur, create, permit or suffer any lien for labor or materials or services to attach to the inter~st
or estate of either the Landlord or the Tenant in the Land or other real estate of which the Land
forms a part.
Neither the Tenant, nor any',ne claiming by, through or under the Tenant, includfng
without limitation, any contractor, subcontractor, laborer or materialman~shaJl have any righl to
file or place any labor or material'lien of any kind or character whatsoever or.any mechanics
lien or other lien of any kind, upon the Land so as to encumber or affect the title of the Landlord
and such liens are expresslyprohibited.c~, _. -;":.:~.' .,...-:.1 ,:'2-: :.'" .,t~ ":'
Tenant further covenants and agrees to indemnify and hold Landlord harmless from and
against any and all losses, damages, demands and expenses in connection with or arising out
of any claims, liens, charges, adverse interest or other encumbrances of any sort against or
upon the Land caused or permitted, or alleged to have been caused or permitted by Tenant or
Tenant's agents, employees, patients, guests or invitees. '
10. Assianment of Lease. Tenant shall not assign this Lease or any portion of the
Land. In the event that Landlord consents, in its sole and absolute discretion, to any such
assignment, it is understood and agreed that such will not in any way relieve the Tenant of its
obligations hereunder including, without limitation, the obligation to pay the rents as provided
herein during the Term of this Lease.
11. Radon Gas. Florida Statute 404.056(8) requires the following disclosure
statement regarding radon gas:
-Radon is a naturally occurring radioactive gas that, when accumulated in a
building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines
have been found in buildings in Florida. Additional information regarding radon
and radon testing may be obtained from your county public health unit..
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12. Insurance and Indemnification. Tenant shall, during the Term of this Lease, at
Tenant's expense, carry i) commercial general liability insurance covering the Land for the
protection of the Landlord and the Tenant with minimum policy limits of one million dollars
($1.000,000) per occurrence, and ii) all risk or peril property insurance covering all of Tenant's
buildings, improvements, fixtures, equipment, furniture, supplies and inventory located in or on
the Land against damage or loss of use occasioned by, without limitation, fire, vandalism,
malicious mischief, or water damage. All insurance shall be placed with an insurer in good
standing and licensed to do business in the State of Florida and said insurance shall not be
cancelable or altered without thirty (30) days prior written notice to Landlord. Tenant shall
furnish certificates that such insurance is in force and effect during the Term of this Lease and
shall reflect the Landlord as an additional named insured under said policy. Tenant
acknowledges that ali items of personal property placed in or on the Land shull be there at
Tenant's risk.
Except for those matters described in Section 15 below, Tenant hereby waives all claims
against Landlord for damages to any property, or injury, or death of any persen ln, upon or
about the Land arisin~ at anytime and from any cause other than solely by re~son of gross
negligence or willful mi!.conduct of Landlord, its employees or contractors. Further, Tenant
agrees to indemnify and hold Landlord harmless from all fines, claims and actions arising out
of any injury or dam;:!gp occurring or connected with the use or occupation Of the Land by
Tenant, Tenant's em(:'IO}eeS, agents, licensees or invitees including reasonable flttl-meys' fees
and costs incurred by Landlord in defending itself against such claims or in est~blishing its
rights to indemnity ufjder this section, unless such injury or damage is causeci b-J the gross
negligence or willful misconduct of Landlord or its agents, employees or contractors.
13. Sianaafo. Tenant shaD not erect, place or display, or allow to be e:e<ted, placed
or displayed, any letterirt.;, sign, advertisement, awning, or other projection in or on the Land or
in or on the building of,whichit forms a part",without first:obtaining the- Landlord's written
consent, which consenhshaD notbeunreasonab\ywithheld~,',',~' :':;:>,:,..:ii.E' T."n;~:.; :'-
.. ....: -".: 'J:"~ 0"
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14. Eminent Domain. If the whole or any part of the Land shall be taken by a public
authority under the power of eminent domain, then the Term of this Lease shall cease as to
the part of the Land so ta~en from the day the possession of that part is requirea for any public
purpose. If such portion of the Land is so taken as to destroy the usefulness of the Land for
the purpose for which the Land were leased, then, from that day the Tenant shall have the
right either to terminate this Lease or to continue in possession of the remainder of the Land
under the terms provided herein. If the Tenant shall fail,to terminate this Lease in writing as
aforesaid within thirty (30) days after notice of taking, such failure shall be regarded as a
waiver of Tenant's right to cancel, whereupon this Lease shall continue for the balance of the
Term. The parties agree that Tenant shall not be entitled to any damages by reason of the
taking of Tenant's leasehold.
15. Environmental ComDliance:
a) Hazardous Substances. Tenant and its employees, agents, contractors or
invitees shall not cause or allow any Hazardous Substances, as defined below, to be used,
generated, stored or disposed of on, under or about, or transported to or from, the Land in
violation of any local, state or federal law, regulation or guideline now in effect or enacted in
the future regarding the use, generation, storage, disposal or transportation of Hazardous
Substances. For purposes of this section, -Hazardous Substances. is defined as such
materials which are corrosive, cancer causing, flammable, toxic or reactive in nature upon
combination including but not limited to: acids, bleach, lye, lead, arsenic, oxide by inhalation,
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. " and chemotherapeutic dru9J or such substances, materials and w.l.es which are or become
r:egulated under any applicable local, state or federal law.
b) Landlord shall not be liable to Tenant for any intentional or negligent act or
omission regarding the use, generation, storage, disposal or transportation of Hazardous
Substances by Tenant, Tenant's employees, agents, contractors, licensees or invitees
(collectively -Hazardous Materials Activities-). Tenant shall indemnify, defend with counsel
acceptable to Landlord and hold Landlord hannless from and against any fines, cJaims,
damages, costs and liabilities arising out of the use, storage, disposal or transportation of
Hazardous Substances on, under, about or to or from the Land which contravene local, state
or federal laws of this Agreement.
c) Failure to comply with the conditions contained herein shall constitute a default
pursuant ~o Section 19 of this Lease.
d) Tenant acknowledges that Landlord may conduct ongoiJ"g environmental
mC'nitoring of the land.
e) 'Pre-existing Environmental Condition - Tenant Acknowledges that
Landlord has provided Tenant with copies of the following reports describing the presence of
petroleum-related contamination present on the Land as of the date of this Lease (-Pre-
existing Environloe,tal Conditiona): Phase I Environmental Site Assessment. Fonner Fulton-
payco Service Station, prepared by FGS, Inc., dated November 2,', 1996; Phase \I
Environmental AlSsl:lssment, Greenwood Property, prepared by FGS, Inc., dilted January 24,
1997; Phase \I Environmental Assessment, Greenwood Property, prepared by FGS, Inc.,
dated March 1997; Tank Closure Assessment Report, Former Fulton-Payco Service Station,
prepared by Dar-iets & Moore, dated June 28, 1999; and Source Removal ~eport, Designated
Brownfield Area. Abandoned Former Fulton-Payaco. S~Station, pre5JSl:.8d, ~y WRS
Infrastructure & Environmeot, Inc., dated July 30, 1999. Collectively, these reports are
hereinafter referTeC: to as -Environmental Reports. a Tenant shall have no Hability for the
assessment and/or remediation of the pnHXistingEnvironmental. Condition ktentified in the .
Environmental Repo~. .': ~ .:: ,.~;-:. _ ..-.' ".: : ,~':;_:~; ~- - ::'''C~:'i~'~ ,~; .~; ,., .
16. No Relatiol!shic. Nothing herein contained shall be construeo by the parties, nor
by any third party, as creating the relationship of principal and agent or of a partnership or of a
joint venture between the parties hereto. it being understood and agreed Ulat neither the
method of computation of rent, nor any other provision contained herein, nor any acts of the
parties hereto, shall be deemed to create any relationship between the parties other than the
relationship of Landlord and Tenant.
17. Limitation of Liabilitv. Nothing herein shall constitute a waiver by Landlord of its
sovereign immunity and the limitations set forth in Section 768.28 Aorida Statutes.
18. Time. Time is of the essence of this Lease and every provision thereof.
19. Default. In the event Tenant defaults in complying with this Lease by failing to
make annual payment within 90 days of due date or vacates or abandons the Land, Landlord
may have the option to: (i) Tenninate the Lease as provided by state law after any applicable
curative periods; and (ii) re-take possession of the Land. In any proceeding to enforce this
Lease or remove Tenant, the prevailing party shall have the right to recover all costs incurred
including reasonable attorney's fees.
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. 20. Termination alt Vacation. Upon Termination or eJllration of this Lease by
~ither party, Tenant agrees to vacate the Land peaceably and immediately. If any personal
property belonging to Tenant is left by Tenant in the Land for a Period of fifteen (15) days after
termination, vacation, abandonment or dispossession by process of law or otherwise, Landlord
may remove or dispose of that property and Tenant hereby waives any claims for damages as
a result of such disposal.
21. Net Lease. Tenant acknowledges and agrees that it is intended that this is a net
lease; that it is completely carefree to the Landlord, except as expressly set out in this Lease;
that the Landlord is not responsible during the Term for any costs, charges, expenses, and
outlays of any nature whatsoever arising from or relating to the Land, or the use and
occupancy thereof, or the contents thereof, or the business carried on therein; and the Tenant
shall "ay all charges, expenses, costs, and outlays of every n~ture and kind relating to the
Land exo..Pt as expressly set out i, this Lease. ,".
22. As Is. Tenant has leased the Land after a full and complete examination thereof,
as we:~1 as the title thereto, and has knowledge of its present uses and non-uses. Tenant
accep~s the Land in its current -as is. condition and state, without representation or warranty,
exprecs or implied on fact or in law, by Landlord and without recourse Landlord as to the title
hereto, the nature, condition or usability thereof or the use or uses to which the Land or any
part ther'!of may be put and that Landlord has no work to perfonn in or on the Land. Tenant
assurres the full and sole responsibility for the condition, cc.nstnJction, operation, repair,
replacerT:ent, maintenance, upkeep and management of the Land throughout the Term,
including but not limited to the performance of all burdens running with the Land.
23,
ADDlication.
a)
obligations:
In connection with the construction of the center, Tan'lllt shall have the foDowing
.~-:~.::~'. .:~~~-.-. ::.:; :'-_< ~'_":~:7": .:'"'i:~:~;:.."..,; ..'.
- :: . - --, .
-. .-:'# - .......-
....- ,_ -{.::_~~ ;-.;~.{; ~."- :_:..- _-:.~~~'~.{:-,~t~;~ ':;G;~~;1.;t !~~:j"'~:.~::"'~' '-
(1) To erect the 'center' in a . good?'prbper and workmanlike manner in
compliance with all applicable laws, including the obtaining of all permits, inspections and
approvals of all governmental agencies, fire underwriters, and other entities having jurisdiction;
(2) To obtain and deliver to Landlord a photocopy of a final certificate of
occupancy before the center shall be occupied by Tenant.
24. AssumDtion of Obliaations. .
a) Tenant shall assume and perform any and all obligations of Landlord under any
covenants, easements and agreements affecting the title to the Land and shall diligentJy
comply with and execute at its own expense during the Tenn, all present and future laws, acts,
rules, requirements, orders, directions, ordinances, regulations, judgments, decrees or
injunctions of any governmental authority having jurisdiction over the Land (the -Legal
Requirements.) or any other insurance company having policies outstanding with respect to
the Land, whether or not such requirements require the making of structural alterations, the
intention of the parties being with respect thereto that Tenant, during the Term, shall discharge
and perform all the obligations of Landlord, as well as all obligations of Tenant, arising as
aforesaid, and save Landlord hannless therefrom, so that at all times the rent shall be net to
the Landlord without deduction or expenses on account of any Legal Requirements.
b) Tenant shall not cause to permit any waste, damage or injury to the Land.
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c) Tenant shall iLemnify and save harmless Landlord Lainst and from aH costs,
~xpenses, liabilities, losses, damages, injunctions, suits, fines, penalties, claims and demands,
including reasonable attorneys' fees, arising out of, by reason of, or on account of, any
violation of any default in the covenants of this Section.
25. Subordination and Non-Disturbance Aareement. This Lease is subject and
subordinate to all fee mortgages which may now or hereafter affect the Land and any
renewals, modifications, consolidations, replacements and extensions thereof. This clause
shall be self-operative and no further instrument of subordination will be required. In
confirmation of such subordination, Tenant, without expense to Landlord, shall execute
promptly any instrument Landlord may reasonably request. However, before making any
mortgage or any renewal, modification, consolidation, replacement or extension thereof (below
collectively referred to in this Section as the -mortgagej, Landlord will request of the
mOl '~y:;gee that it execute a ron-disturbana;. agreement to the dfect that, so long as Tenant is
not in default (beyond any period given Tenant to cure such dtJfault) in the payment of any rent
or ether charges due hereunder or in the performance of ;my of the Terms, covenants or
c1njitions of this Lease on Tenant's part or be performed, (i) ~enant's possession of the Land
e,d Tenant's rights and privileges under this Lease shall not be interfered with by such
rr.or~gagee and Tenant's occupancy of the Land shall not be disturbed by such mortgagee
during the Term and (ii) such mortgagee shall not join Tenant as a party defendant in any
actinn or proceeding for the purpose of Termination. Tenant shall be bound to the mortgagee
u.,d3r all of the Terms, covenants and conditions of this L l!SS8 for the balance of the Term
n:maining after such succession and Tenant will attorn to sl"ch mortgagee as its landlord upon
a.1Y such succession.
26. Indemnification.
a) Tenant shaD indemnify and save harmleSf, I andlord against and from atl
liabilities, damages, penalties, costs and expenses, including reasonable attorneys' fees,
which may be imposed upon or incurred by or asserted-against Landlord by reason of any of
the following occurrences during the Term:
.-. . .'.--'"
-. -- -- ". -. .,.
-.' - ,-.-:
(1) any work or anything done, on or about the Land or any part thereof by
Tenant or any party other.than Landlord;
(2) any use, non-use, possession, occupation, condition, operation,
maintenance or management of the Land or any part thereot,
(3) any negligence or willful misconduct on the part of Tenant or any of its
agents, contractors, servants, employees, ,subtenants, licensees or invitees;
(4) any accident, injury or damage to any person or property occurring in, on
or about the Land, or any part thereot, and/or
(5) any failure on the part of Tenant to perform or comply with any of the
covenants and agreements contained in this Lease on its part to be performed or complied with.
In case any action or proceeding is brought against Landlord by reason of any such
claim, Tenant upon prior written notice from Landlord shall at Tenant's expense, defend such
action or proceeding with counsel approved by Landlord in writing, which approval Landlord
agrees not to unreasonably withhold. This indemnification shall continue beyond the expiration
or earlier termination of this Lease.
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27. Eartv TerminJion. Landlord an~ Tenant acknowlb.te that Tenant receives
. funding from the Department of Health and Human Services for its operation (the -Federal
'Funding-). Should the Federal Funding be substantially reduced or terminated at any time,
Tenant shall have the right to eariy termination of this Lease by providing at least thirty (30)
days prior written notice to Landlord of such eariy termination. However, Tenant shall have the
obligations provided herein upon such eariy termination, including, but not limited to, those
obligations provided in Section 7 and Section 20 herein. Additionally, those obligations
specifically provided herein to continue beyond the Term of the Lease shall continue beyond
such eariy termination.
28. Remedies. The failure of either party to insist at any time upon the strict
observance or performance of any provision of this Lease or to exercise any right or remedy
as provided in this Lease shall net impair any right or remedy of such party or be construed as
a "Jaiver or relinquishmel,t thereof -v.it.h respect to subsequpnt defaults or breache3. Every
right and remedy given by this Lease to the parties may be exercised from time to time and as
often as may be deemed. expediE"nt by the appropriate party and shall not preclude the
concurrent or later exercise of an~' o~ all such other rights or remedies.
29. Notices. Any notices lo either party shall be in writing and shall be deemed to
have been duly given and received only if (i) delivered personally, on the date of delivery, or (ii)
sent by certified mail in a postage prepaid 'envelope addressed, three (3) days after deposit, or
(iii) overnight delivery on date of deli'/ery, as follows:
To Landlord:
City uf Clearwater
P. O. Box 4748
Clearw&ter, FL 33758-4748
With a copy to:
City Attorney's Office
P. O. Box 4748
Clearwater, FL 33758-4748
To Tenant
Greenwood Community Health Resource Center
1108 N. Greenwood Avenue
Clearwater, FL 33755
31. Enforceabilitv. If any provision of this Lease is deemed invalid or unenforceable
by a court of competent jurisdiction, such provision shall. be ineffective to the extent of such
invalidity or unenforceability only, without invalidating the ,remainder of such provision or of the
remaining provisions of the Lease.
32. Entire Aareement and Governina Law. This Lease sets forth all of the
representations, promises, agreements, conditions, and understandings between the parties
relating to the subject matter of this Lease, and supersedes any prior or contemporaneous
representations, promises, agreements, conditions, and understandings between the parties in
any manner relating to the subject matter hereof. This Lease may be amended but only by a
written agreement signed by both parties. This Lease constitutes a Florida contract and shall
be construed according to the laws of Florida. The parties agree that the venue for any
litigation arising hereunder shall be in Pine lias County, Florida.
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IN WITNESS WHERtOF I the parties hav~ caused these pJents to be executed as of
tl:le day and year first written above.
Countersigned:
Brian J. Aungst
Mayor-Commissioner
Approved as t,;, form:
John Carassas
Assistant City Attorney
Witness
Witness
S:\AGREEMENT\GREENWOOD
LANDLORD:
CITY OF CLEARWATER, FLORIDA
By:
Michael J. Roberto
City Manager
Attest
Cynthia E. Goudeau
City Clerk
TENANT:
GREENWOOD COMMUNITY HEALTH
RESOURCE CENTER
By:
Willa Carson
President
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EXHIBIT 'A' - Attached hereto and made a part thereof
Lots 4, less Road ,Lot 5 and the North Y: of Lot 6, GREENWOOD MANOR
SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 21, Page 65
of the Public Records of PineUas County, Florida
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ATTACHMENT "D"
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........,~TER"j.
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CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
CITY HALL, 112 SOUTH OSCEOL\. AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4040 FA.X (727) 562-4052
CITY MANAGER
November, 9 1999
William Kutash
Administrator, Waste Management
Attention: Brownfields Program
Florida Department of Environmental Protection
3804 Coconut Palm Drive
Tampa, Florida, 33619-8318
RE: Brownfields Site Rehabilitation Agreement for 1108 North Greenwood Avenue,
City of Clearwater
Dear Mr. Kutash :
This letter is intended to meet the requirements contained in paragraph 4. Of the
Brownfields Site Rehabilitation Agreement regarding real property located at 1108
North Greenwood Avenue in the City of Clearwater. The Brownfields Pilot Program
as adopted by the City of Clearwater contemplates that the City itself may become
the Person Responsible for Brownfields Site Rehabilitation [PRFBSR]. The City
intends to make that commitment by entering in to the BSRA. The North Greenwood
Health Clinic proposed for the subject property has applied to the Planning
Department for development approval and is currently scheduled for Community
Development Board review and approval on December 14,1999.
Sincerely,
l
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Mike Roberto
City Manager
cc: Miles Ballogg, Economic Development Team
ONE CiTY, ONE FUTURE,
BRIANJ, AUNGST, MAYOR.COMMISSIONER
ED HOOPER, VICE MAYOR-COMMISSIONER
ED HART, COMMISSIONER '
<i)
BOB ClARK, COMMISSIONER
J.B. JOHNSON, JR" COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
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ATTACHMENT IIEII
BROWN FIELDS ADVISORY BOARD
Meeting Date:
Time/Place:
Third or Forth Monday of month (at least 6 meetings each year)
3:00 p.m. - alternates from Martin Luther King Community Center to Ross
Norton Recreation Center (Unless noticed for a different location)
Members: 9
Term: 4 years (initial appointments staggered: 3 two yr, 3 three yr, 3 four yr)
Staff Liaison: Miles Ballogg - 562-4023
Financial Disclosure: Not Required
Purpose: improve public participation and receive public comments on the rehabilitation
and redevelopment of the Brownfields Area, future land use, local employment
opportunities, community safety, and environmental justice. Review & provide
recommendations to the Commission regarding site rehabilitation agreements.
Implement the public participation elements outlined in the Federal Brownfields
Economic Redevelopment Initiative Workplan
note: Brownfields are commerical properties where expansion or redevelopment is complicated
by real or perceived environmental con~amination
Special Qualifications: Three members will be Clearwater residents who live within or adjacent
to the Brownfields Area; Three members will be owners or representatives of businesses
operating in the proposed area and need not be residents of Clearwater; Three members will be
representatives of federal or state agencies or local governments involved with the Brownfields
remediation process within Pinellas County and need not be Clearwater residents.
Orig.
Appt.
Name/Address
Expir.
Date
Phone
1998
5/31/2000
1998
-
1998
Continued
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Mary Miller
1400 S. Madison Avenue
Clearwater,FL 33756
Resident
H: 442-4366
Gary Gray, Chair H: 586-0607
2131 Belmar Drive
Belleair Bluffs, FL 33770
Mail to: 0: 1150 Cleveland St., 33755
0: 447-8042 Fax: 442-0732
Business Owner or Representative
5/31/2000
Stephen Fowler H: 461-2930
31 9 Roebling Road N
Belleair, Fl 33756
0: 1421 Court St., #0, 33756
0: 449-2021 Fax: 447-5339
email: FOWLERARCH@AOL.COM
Agency or Government Rep
5/31/2000
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Brownfields Advisory Board Cont.
Orig.
Appt.
Name/Address Phone
I
1998
Expir.
Date
1998
1998
1998
1999
1999
6/4/99
A'J
Brian Flaherty H: 458-4464
1522 Sand Hollow Court
Palm Harbor, Fl 34683
0: 1135 Pierce St., 33756
0: 467-9494 & 787-0091
Business Owner or Representative
Thomas Noble H: 532-8336
5265 East Bay Drive, Unit 1022
Clearwater, Fl 33764
0: 6100 154th Ave., N., 33760
0: 538-7167x1057
Agency or Government Rep
Willa Carson H: 447-6993
1777 Harbor Drive
Clearwater, Fl 33755
0: 1001 N Greenwood Ave., 33755
0: 467-9411
Resident
Renu Khator H: 972-2973
15909 Layton Court
Tampa, FL 33647
0: 4202 E. Fowler Ave., Tampa, 33620
0: 974-2739 Fax: 813-974-2184
email: khator@chuma1.cas.usf.edu
Agency or ~overnment Rep
William F. Sherman, Sr.
1249 Eldridge Street, 33755
Resident
H: 443-6650
0: 446-6137
Karen Fenton
18 Douglas Avenue
Dunedin, Fl 34698
Business Owner or Representative
H: 738-2777
0: 461-8644
5/31/2001
5/31/2001
5/31/2002
5/31/2002
04/30/2003
05/31/2003