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BROWNFIELD SITE REHABILITATION AGREEMENT e BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION IN RE: City of Clearwater Clearwater Automotive Site 205 South Martin Luther King Avenue, Clearwater Florida, 33756 Clearwater Brownfields Area Brownfield Area Identification Number: BF529701000 Brownfield Site Identification Number: BF529701004 BROWNFIELD SITE REHABILITATION AGREEMENT PURSUANT TO S376.80(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 tile provisions of Chapters 403, F.S. and 376, F.S., and the rules promulgated thereunder. Florida Administrative Code Rules (F.A.C.), Chapters 62-777 and 62-785; as amended, 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 S376.81, 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 Department and City of Clearwater, hereinafter the Person Responsible For Brownfield Site Rehabilitation ("PRFBSR") (collectively as the "parties"), for the rehabilitation of a brownfield site within a designated brownfield area pursuant to S376.80(5), F.S. The Department and the PRFBSR agree to the following: Page 1 of 16 / " City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site 10 # BF529701 004 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 is the PRFBSR as defined in 9376.79(13), F.S., for the real property described in the map and legal description attached as Attachment A (the "Brownfield Site"), incorporated herein, that has been designated by the City of Clearwater in Resolution Number 02-15 on March 7, 2002 as a brownfield area as defined in 9376.79(4), F.S. Attachment A is a composite exhibit that includes: (a) the legal description and location map of the Brownfield Site; and (b) the city resolution with the map of the designated brownfield area and its legal description. 3. PRFBSR'S DUTIES The PRFBSR agrees: (a) to conduct "site rehabilitation" as defined in 9376.79(17), F.S., at the real property described in Attachment A; (b) to conduct site rehabilitation and submit technical reports and rehabilitation plans in a timely manner according to the attached brownfield site rehabilitation schedule agreed upon by the parties (see Attachment B), and incorporated herein; (c) to conduct site rehabilitation activities under the observation of professional engineers or professional geologists who are registered in accordance with the requirements of 9471, F.S., or 9492, 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; (d) to conduct site rehabilitation in accordance with Chapter 62-160, F.A.C., as the same may be amended from time to time; Page 2 of 16 BSRA-Brownfield Site ID # BF529701004 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701004 (e) 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. All site rehabilitation shall be consistent with the cleanup criteria in 9376.81, F.S., 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; (f) to allow access by the Department during the entire site rehabilitation process as evidenced by the attached documentation (see Attachment C) incorporated herein, establishing that such site 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 to the Department within 15 days of the execution of the real property interest document (or if there is no written document, then 15 days from the date that such an interest is effective) a copy of an access agreement in substantially the same form as that in Attachment C with any successor in interest to the PRFBSR as owner of the Brownfield Site or with any party with an interest in the real property after the effective date of this agreement, granting such access to the Department; and (g) 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. CERTIFICATION The PRFBSR has certified that a fully executed agreement exists between the PRFBSR and the local government with jurisdiction over the real property described in Attachment A. The executed agreement shall contain the terms for the redevelopment of the real property. A copy of the PRFBSR's certification is attached as Attachment D. 5. PROPERTY COORDINATES AND ACREAGE The latitude and longitude coordinates in minutes, degrees and seconds, datum used, collection method, and accuracy of collection method used to determine the coordinates for the real property described in Attachment A are: Latitude (in degrees, minutes and seconds): 27 deqrees. 57 minutes, 45.40 seconds Longitude (in degrees, minutes and seconds): 82 deqrees. 47 minutes. 29.07 seconds Page 3 of 16 BSRA-Brownfield Site ID # BF529701 004 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site 10 # BF529701 004 Datum Used (NGVD of 1929 or NAVD of 1988): NGVD of 1929; NAD 27 (Horizontal Datum) Collection Method: CSUR Map Source (if applicable): Pinellas County Property Appraiser Map Source Scale (if applicable): 1: 100 Object of Interest: Center of Site Boundary Relationship of Point to Object of Interest: CENTR Coordinate Accuracy Level: +/- 00 0' 0.5" The property consists of 3.442683 acres. 6. SITE CONTRACTOR The PRFBSR must ensure that that the contractor who is performing the majority of the site rehabilitation program tasks pursuant to this BSRA or supervising the performance of such tasks by licensed subcontractors in accordance with the provisions of 9 489.113(9), F .S., has provided 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 BSRA, a Brownfields Redevelopment Program Contractor Certification Form (CCF) shall be completed and attached as part of Attachment E to this BSRA, along with original 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 PRFBSR must submit to the Department documentation as Attachment F, which shows a National Environmental Laboratory Accreditation Program-"NELAP" recognized authority has accredited the laboratory(s) performing analysis. Requirements for any contractor that performs site rehabilitation tasks at the site are as follows: (a) documentation in accordance with the provisions of the paragraph above and with Attachments E and F, if applicable, showing that any contractor that performs site rehabilitation tasks: (i) meets all certification and license requirements imposed by law; and Page 4 of 16 BSRA-Brownfield Site ID # BF529701004 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701004 (ii) performs or has laboratory analysis performed pursuant to National Environmental Laboratory Accreditation Program ("NELAP") certification requirements and performs or has field sampling work performed in accordance with the Standard Operating Procedures provided in Chapter 62-160, F.A.C., as amended, if applicable to performance of site rehabilitation tasks; and (b) certification to the Department that the contractor who is performing the majority of the site rehabilitation program tasks pursuant to this BSRA or supervising the performance of such tasks by licensed subcontractors in accordance with the provisions of 9489.113(9), F.S.: (i) complies with applicable OSHA regulations; (ii) meets all certification and license requirements imposed by law; (ii) maintains workers' compensation insurance for all employees as required by the Florida Workers' Compensation Law; (iii) maintains Comprehensive General Liability coverage with minimum limits of not less than $1 million per occurrence and $2 million general aggregate for bodily injury and property damage; (iv) maintains Comprehensive Automobile Liability coverage with minimum limits of not less than $2 million combined single limit; (v) maintains Pollution Liability coverage with limits of not less than $3 million aggregate for personal injury or death, $1 million per occurrence for personal injury or death, and $1 million per occurrence for property damage; (vi) maintains and lists the State as an additional insured on the contractor's Certificate of Insurance certificates by naming the State as an Additional Insured party; and (iv) maintains Professional Liability coverage of at least $1 million per claim and $1 million annual aggregate. 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 9376.80(6) and (7), F.S. Page 5 of 16 BSRA-Brownfield Site 10 # BF529701 004 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701004 8. VOLUNTARY CLEANUP TAX CREDIT PROGRAM Not all activities that are approved or performed in association with a BSRA are eligible for the state's Voluntary Cleanup Tax Credit (VCTC). Only costs incurred and paid that are integral, necessary and required for site rehabilitation are eligible for the VCTC. "Site rehabilitation" means the assessment of site contamination and the remediation activities that reduce the levels of contaminants at a site through accepted treatment methods to meet the cleanup target levels established for that site. Nothing contained herein is intended to limit the VCTC otherwise available to the PRFBSR under applicable law. General information about the VCTC Program is available at http://www.dep.stateJl.us/waste/categories/vctc/default.htm. For specific questions regarding the VCTC Program, please contact the FDEP's Bureau of Waste Cleanup at (850) 245-8927. 9. ADVISORY COMMITTEE The PRFBSR shall establish an advisory committee pursuant to the requirements of 9376.80(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. However, if an appropriate local advisory committee already exists in the designated area, this committee may be used for requesting public participation and for the purposes of complying with this paragraph. The PRFBSR shall provide the advisory committee a copy of the final draft and a copy of the executed brownfield site rehabilitation agreement. When the PRFBSR submits a site 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. The names, addresses, and contact numbers for all Advisory Committee members are included as Attachment G. 10. 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 Page 6 of 16 BSRA-Brownfield Site ID # BF529701004 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701004 its employees, agents, contractors, subcontractors, or other representatives, to the extent allowed by law. 11. PROFESSIONAL LIABILITY INSURANCE Any professional engineer or professional geologist providing professional services relating to site rehabilitation program tasks must maintain professional liability insurance coverage of at least $1 million per claim and $1 million annual aggregate in accordance with 9376.80(8), F.S. 12. LIABILITY PROTECTION The liability protection provided under 9376.82 F.S., shall become effective upon execution of this BSRA and shall remain effective, provided the PRFBSR complies with the terms of this BSRA. 13. 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 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 9376.82, F.S., are revoked. 14. 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, 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 PRFBSR intends to implement these measures. However, if an imminent hazard exists the PRFBSR shall act immediately to abate the hazard. 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, or 90 days if the delay results in a breach of this BSRA, unless circumstances warrant more time in the opinion of the Department. Page 7 of 16 BSRA-Brownfield Site ID # BF529701 004 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701 004 A letter from the Department, to the PRFBSR, accepting or, if necessary, modifying the extension request shall confirm such agreement. (a) 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. (b) 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 pursuant to the provisions in Paragraphs 21 and 22 of this BSRA. 15. 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 real property described in Attachment A that require the Department to take action to abate an imminent hazard to the public health, welfare or the environment. 16. RELEASE OF LIABILITY Upon successful completion of this BSRA, the PRFBSR and his or her successors and assigns, shall be relieved from further liability for remediation of the real property described in Attachment A 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 release of liability is subject to the reopener provisions of ~376.82(3), F.S. 17. 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 applicable 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. Page 8 of 16 BSRA-Brownfield Site ID # BF529701 004 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site 10 # BF529701 004 18. SUBMITTALS The PRFBSR shall submit two hard (paper) copies or one hard copy and one electronic (digital) copy of any certifications or documentation required in Paragraph 6, "Site Contractor" above, and all data, reports, responses, addenda, or modifications to reports and plans required by this BSRA to: John R. Sego, P .G. FDEP - Southwest District 3804 Coconut Palm Drive Tampa, FL 33619-8318 The Department encourages the submittal of documents for review in an electronic format rather than the submittal of paper copies. All electronic copies of documents shall be in the format listed in Section 8 of the Instructions and attached as Attachment H. Time-frames for the Department's review of technical reports and plans and submittal of documents by the PRFBSR 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 with in 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. 19. 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. 20. 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 real property described in Attachment A provided, however, that the Department shall not withhold its consent to such an assignment if: (a) the proposed assignee meets all of the eligibility criteria under 9376.82, F.S.; (b) the proposed assignee has agreed, in writing, to assume all obligations of the PRFBSR under the terms of this Agreement; and (c) the assignment of PRFBSR obligations under any agreement with the local government with jurisdiction over the real property has been approved, in writing, by the local government. Page 9 of 16 BSRA-Brownfield Site ID # BF529701004 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701004 21. 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. 22. EFFECTIVE DATE AND ADMINISTRATIVE HEARING This BSRA (Order) is final and effective on the date of execution unless a timely petition for an administrative hearing is filed under 99120.569 and 120.57, F.S., within 21 days after the date of execution. Upon the timely filing of such petition, this BSRA will not be effective until further order of the Department. The liability protection for the PRFBSR pursuant to 9376.82(2), F.S., becomes effective upon execution of the brownfield site rehabilitation agreement. The procedures for petitioning a hearing are set forth below. (a) Persons other than the PRFBSR affected by this BSRA have the following options. (i) If you choose to accept the Department's decision regarding this BSRA you do not have to do anything. This BSRA is final and effective 21 days after the date of execution. (ii) If you choose to challenge the Department's decision, you may do the following: (1) File a request for an extension of time to file a petition for hearing with the Agency Clerk of the Department in the Office of the General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000 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. Or Page 10 of 16 BSRA-Brownfield Site ID # BF529701004 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701004 (2) File a petition for administrative hearing with the Agency Clerk of the Department in the Office of the General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000 within 21 days of receipt of this BSRA. Please be advised that mediation of this decision pursuant to 9120.573, F.S., is not available. (b) How to Request an Extension of Time to File a Petition for Hearinq: 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 shall be filed (received) with the Agency Clerk of the Department in the Office of the General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, within 21 days of receipt of this BSRA. 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. (c) How to File a Petition for Administrative Hearinq: 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 Agency Clerk of the Department in the Office of the General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, within 21 days of receipt of this BSRA. 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 hearing under 99120.569 and 120.57, F.S 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's name and address, if different from the petitioner, the Department's Brownfield Area and Brownfield Site Identification Numbers, and the name and address of the Brownfield Site; Page 11 of 16 BSRA-Brownfield Site ID # BF529701004 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701004 (ii) A statement of when and how 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; (vi) A statement of the specific rules or statutes the petitioner contends requires reversal or modification of the Department's action or proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; 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. This BSRA is final and effective on the date of execution. Timely filing a petition for administrative hearing postpones the date this BSRA takes effect until the Department issues either a final order pursuant to an administrative hearing or an Order Responding to Supplemental Information provided to the Department pursuant to meetings with the Department. 23. JUDICIAL REVIEW Any party other than the PRFBSR to this BSRA has the right to seek judicial review under 9120.68, F.S., by filing a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the Agency Clerk of 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 30 days after this BSRA is filed with the clerk of the Department (see below). 24. CONTACTS FOR GENERAL AND LEGAL QUESTIONS Any questions about the content of this BSRA, the Department's review of the BSRA or technical questions should be directed to the Department's District Brownfields Coordinator at: Page 12 of 16 BSRA-Brownfield Site ID # BF529701004 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701004 John R. Sego, P.G. FDEP - Southwest District 3804 Coconut Palm Drive Tampa, FL 33619-8318 (813) 744-6100 X 420 or to the PRFBSR's representative at: Diane Hufford, Brownfields Coordinator City of Clearwater 112 s. Osceola Ave. Clearwater, Florida 33756 (727) 562-4054 Questions regarding legal issues should be referred to the Department's Office of General Counsel at (850) 245-2242. 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. 25. 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 only be valid 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 13 of 16 BSRA-Brownfield Site ID # BF529701 004 ,- City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701004 IN WITNESS WHEREOF, each of the parties has made and executed this Brownfield Site Rehabilitation Agreement on the date set forth for each signature of each representative below: Deborah Getzoff, Director of District Management, State of Florida Department of Environmental Protection, and Frank Hibbard, Mayor of Clearwater, for the Person Responsible for Brownfield Site Rehabilitation, signing by and through the City of Clearwater, duly authorized to execute same. STATE OF FLORIDA DEPARMENT OF ENVIRONMENTAL PROTECTION FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to 9120.52 Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. ti..t!j. ~A:iff-~' 'Clerk (or eputy CI Date: 1 / d" If) S' / Page 14 of 16 BSRA-Brownfield Site ID # BF529701004 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701004 PERSON REPONSIBLE FOR BROWNFIELD SITE REHABILlTIATION Countersigned: CITY OF CLEARWATER, FLORIDA 112 South Osceola Avenue Clearwater, Florida 33756 (727) 562-4032 By: =!~~ ~nk Hibbard . Mayor By: .~lr Ilham B. Horne City Manager Approved as to form: Attest: Leslie K. Dougall-Sid s Assistant City Attorne ~. ~ 0 Al_ e J~. !JODJ-.- Cy ia E. Goudeau City Clerk cc: Lisa Duchene, Esquire, Brownfields OGC Attorney, FDEP Roger B. Register, FDEP Brownfields Liaison John Sego Brownfields District Coordinator, FDEP Tampa REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 15 of 16 BSRA-Brownfield Site ID # BF529701 004 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701004 List of Attachments Attachment A Location Map and Legal Description of Brownfields Site and Local Government Resolution Attachment B Brownfield Site Rehabilitation Schedule Attachment C Site Access Agreement Attachment D Certification of Redevelopment Agreement Attachment E Contractor Certification Form and Insurance Certificates Attachment F Quality Assurance Certificate Attachment G Advisory Committee Members Attachment H Format for Submittal of Technical Documents Page 16 of 16 BSRA-Brownfield Site 10 # BF529701004 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site 10 # BF529701004 Attachment A Location Map and Legal Description of Brownfields Site and Local Government Resolution City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701004 Table 1. Site Identification 152915651960000030 205 S Martin Luther Kin 152915651960000034 Vacant Parcel 152915651960000035 Vacant Parcel 152915651960000060 317 S Martin Luther Kin 152915651960000061 319 S Martin Luther King 152915651960000062 Vacant Parcel 152915651960000063 Vacant Parcel 330 FT ofW 150Ft of Lot 3 & E 157Ft ofW 307 Ft Less S 50FT ofE 157Ft ofW 307FT Of Lot 3 N 50FT ofS 100Ft ofE 157FT ofW 307FT of Lot 3 S 32FT ofN 50FT ofW 150 FT of Lot 6 N 50FT ofS 100FT ofN 150 FT ofW 150FT of Lot 6 S 50FT ofN 150FT ofW 150FT of Lot 6 E 157FT ofW 307FT ofN 150FT of Lot 6 W+E 0 S Feet 100 This is not a map of survey. J:I00083100083115.00l I ImxdlBrwnfld.mxd 4/05/05 Clearwater Automotive FOEP Brownfields Site 10 # BF-529701004 ; Clearwater o'~ GROUP RESOLUTION NO. 02-15 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, MAKING FINDINGS; AMENDING THE BOUNDARIES OF A BROWNFIELD AREA PREVIOUSLY DESIGNATED BY RESOLUTION NO. 97-57 WITHIN THE CITY OF CLEARWATER FOR THE PURPOSE OF ENVIRONMENTAL REHABILITATION AND ECONOMIC DEVELOPMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater previously adopted Resolution No. 97-57 designating a Brownfield Area for the purpose of environmental remediation and economic development for such area; and WHEREAS, it is advisable to amend the designated Brownfields area to be geographically coincident with the subsequently adopted Enterprise Zone area; and WHEREAS, the requirements set forth in Florida Statutes Section 376.80 are met, 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, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Commission finds the preamble hereof to be true and correct. Section 2. The Brownfield Area previously designated by Resolution No. 97-57 is hereby amended to correspond to the area depicted on Exhibit A, attached hereto and incorporated herein by reference, for purposes of rehabilitation pursuant to Florida Statutes Sections 376.77-376.875. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 7th day of March ,2002. 11- }~ Brian J. Aungst V Mayor-Commissioner Approved as to form: .4il~~ Leslie K. Dougall- . es Assistant City Attorney Attest: ~~4~~~./J. p~..(j~GdL Cyn E.. Goode . ~ Clerk - o - --" . -... - Resolution No. 02.15 City of Clearwater Economic Development ~ ~ 1\ ~ ~ \ 1\ ~ 11 r ~ (~ . I II~ ~~ ~~~~- I r -U b IIIE;\ t' in g.rr. ~'. . .. IV-- II-~~ ~ II.~I r ~~'" Iv ~i2l .~~ I ~ IN , . ... Na1In'H ~ '- i .' r.IIii"> I - 'I ~~,..~., ~r;F -;r;Wp~\ ~~:t~ 38 -.,j;:E ,~~ L~ ~J~:g ~ 1 11 r~ bi ~::::J 1II1 ~. r..,:l f@ t. ~'f~A ~'- .. u III1l .j~ r;== ~ ~"I ft! 8m n~ · L-~-=== ~D]t3iNlL I' I '. >?n 0';;;;: j .~~ ~/~ I If O~ A ] l., fJflDDI : ni' , Qn'~ ~ (... [II ,= .-... CJ . - .1 LJ1!!!!!::!: I III 0 ~ Ii ~ ~~ ~ IW. - : e : IlDOID" - Ww~ .' - I & . LJII ~ A.fl.J"""lIIIi1I I r - 01 a= ~..IJ.I!;J ~ SOl IIJr ~IIL___JL IL-...JII - - 0 - .~ 'n-l-..--=- r- lJ ... . lOt..- L..:D II III .~ R:I I I -JB 0.'-; !: r- ~.~t\\ J ~R ..... ( fJ ~g~ ~ ~~" "10 I = ~ ~~ ~D~~~ :~~. a: "-~~ ~ (~ I_r-- u..--- ~~80~ I : ~ r.--=l r=:=-: I; D w 0 Cl ~ ~ ,If /I Ii] --..Fa- I t6 &::::!fiiI"~ ~ Y,I: jiiiiiii:,-;:::::::::JI I~'" ..Y1 I.i. · Il;] ~ .\ --"r-r -' gCJ . _ 1 vf '.\ '*' r) ,- 1~71 cp '-'iI " I ~ / .. " O. .lI&I\. I I --AII/,-< ~ (;:;J .;::1" :r h iW' ~tA~ ....i'- L---J ~I c;) ,\ t=J ;J ( ~V; ~ · ~ .L 1,1 P -= ,;i ,,-WOf1 - }{H~l ~ . JBELLE,*IR '-D~.'~ mw ~ tv ~'ilti ,,~ C. ~ ~.\J: I ~ DOG l.Q fi :dJ;;;;; J~~~.~' ~_. III I _ Brownfields Zone '" I.. .. --- --- .........- ~ Enterprise Zone ~ -- t II! : c: m~ ~~ :~ City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701004 Attachment B Brownfield Site Rehabilitation Schedule Attachme nt B Table I Suggested Submittals and Time Frames Type of Report or Activity PRFBSR Action or Submittal Department Review or Time Frames Comment Time Frames Notice of Interim Source Removal Within 24 hours of initiation of the action. No comment required. Action or Emergency Response Action situations. Interim Source Removal Proposal When seeking approval before Within 30 days of receipt. implementation of an alternative product recovery method, groundwater recovery, soil treatment or disposal technique (see Rule 62-785.500). Interim Source Removal Plan When seeking approval before Within 30 days of receipt. implementation of an alternative product recovery method, groundwater recovery, soil treatment or disposal technique (62-785.500, F.A.C.) Interim Source Removal Status Within 60 days of completion of source No comment required. Report removal activities and every 60 days thereafter or when the field activity is terminated, whichever occurs first.. Interim Source Removal Report Within 60 days of completion of interim Within 60 days of receipt. source removal activities. Site Rehabilitation Plan (SRP) or Optional: SRP submitted within 270 days of Within 60 days of receipt. Combined Document; (Optional executing BSRA. May include multiple tasks. submittal) (See Rule 62-785.450, F.A.C.l Site Assessment Report (SAR) SAR submitted within 270 days of executing Within 60 days of receipt. BSRA. Risk Assessment Report (RAR) Optional: (within 60 days of SAR approval.) Within 90 days of receipt. No Further Action (NFA) Proposal When the site meets the criteria for NFA (See Within 60 days of receipt. Rule 62-785.680, F.A.C.). Well Survey and Sampling Results Within 60 days of discovery of contamination Within 60 days of receipt. pursuant to paragraph beyond the property boundaries 62-785.600(3)(h), F.A.C. No Further Action (NFA) Proposal When the site meets the criteria for NFA (Rule Within 60 days of receipt. 62-785.680, F.A.C. Natural Attenuation with Monitoring When the site meets the criteria for Natural Within 60 days of receipt. (NAM) Plan Attenuation with Monitoring (See Rule 62-785.690, F.A.C.). Natural Attenuation with Monitoring Within 60 days of sample collection. No comment required. (NAM) Report Remedial Action Plan (RAP) Within 90 days of approval of a SRP, SAR or Within 60 days of receipt. RAR. As-Built Drawings Within 120 days of initiating operation of the No comment required. active remediation system. Initiate Operation of Active Within 120 days of RAP approval. No comment required. Remedial Action Proposals submitted pursuant to Optional during active remediation Within 60 days of receipt subsection 62-785.700(15), F.A.C. Remedial Action Status Report Within 60 days of the anniversary date of No comment required. (Monthly or quarterly status reports initiating operation of active remediation may be required for submittal - - system. depending on site conditions and Advisorv Committee.) Page 1 of 2 Revised 5/2/05 Post Active Remediation Monitoring When the site meets the criteria for NFA (see Within 60 days of receipt. (PARM) Plan Rule 62-785.680) or leveling-Off (see Rule 62-785.700(17)) Post Active Remediation Monitoring Within 60 days of sample collection. No comment required. (PARM) Report levelina Off Determination Within 60 days of sample collection. Within 60 days of receipt. Post Active Remediation Monitoring Within 60 days of sample collection. Within 60 days of receipt. (PARM) Plan resampling proposal (Rule 62-785.750(4)(e), F.A.C. Site Rehabilitation Completion Within 60 days of the final sampling event. If Within 60 days of receipt. If the Report (SRCR) SRCR not approved then submit brownfield site meets the modifications, etc. within 60 days of requirements of Chapter 62-785, Department's response. F.A.C. for the issuance of a SRCO, a SRCO will be issued. Pilot Study Work Plan When seeking approval before Within 60 days of receipt. implementation of a Pilot Study pursuant to Rule 62-785.700(2), F.A.C. Notices for Field Activities except Within seven (7) days but not less than 24 No comment required. for Start of Interim Source Removal hours prior notice to the Department to or Emergency Response Action perform field activity. situations. Submittal to the Department of Within 60 days of receipt of the Department's Within the same time frame for addenda, responses, or response. review of the original submittal. modification to plans or reports, pursuant to Chapter 62-785, F.A.C. Submittal of Form and Actual See text of rule for "Initial Notice of No comment required. Notice required in subsection Contamination Beyond Property Boundaries" 62-785.220(2), F.A.C. in subsection 62-780.220(2), F.A.C. Submittal of Actual and See text of rule for "Subsequent Notice of No comment required. Constructive Notice required in Contamination Beyond Source Property subsection 62-785.220(3), F.A.C. Boundaries for Establishment of a Temporary Point of Compliance (TPOC)" in subsection 62-780.220(3), F.A.C. Page 2 of 2 Revised 5/2/05 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site 10 # BF529701004 Attachment C Site Access Agreement City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701004 SITE ACCESS AGREEMENT PERMISSION TO ENTER PROPERTY 1. The City of Clearwater ("undersigned"), owner, hereby gives permission to the State of Florida, Department of Environmental Protection ("Department") and its agents and subcontractors to enter the undersigned's property ("the property") located at 205 South Martin Luther King Junior A venue and adjacent properties as described in Attachment "A" attached herein as the Clearwater Automotive Site, beginning on the date of execution of the BSRA and ending 'On such date as deemed appropriate by the Department or the successful completion of the BSRA, which ever occurs first. 2. This permission is contemplated to be used for the following activities that may be performed by the Department, its agents, representatives or subcontractors: a. Having access to areas where contamination may exist. b. Investigation of soil and groundwater including, but not limited to, the installation of groundwater monitoring wells, the use of geophysical equipment, the use of an auger for collection of soil and sediment samples, the logging of existing wells, video taping, preparation of site sketches, taking photographs, any testing or sampling of groundwater, soil, surface water, sediments, air, and other materials deemed appropriate by the Department and the like. c. Removal, treatment and/or disposal of contaminated soil and water, which may include the installation of recovery wells or other treatment systems. 3. Upon completion of the investigation, the Department will restore the property as near as practicable to its condition immediately prior to the commencement of such activities. 4. The granting of this permission by the undersigned is not intended, nor should it be construed, as an admission of liability on the part of the undersigned or the undersigned's successors and assigns for any contamination discovered on the property. 5. The Department, its agents, representatives or subcontractors may enter the property during normal business hours and may also make special arrangements to enter the property at other times after agreement from the undersigned. 6. The Department acknowledges and accepts its responsibility for damages caused by the acts of its employees while on the property. 7. The Department acknowledges and accepts any responsibility it may have under applicable law (Section 768.28, Florida Statutes) for damages caused by the acts of its employees acting within the scope of their employment while on the property. 8. In exercising its access privileges, the Department will take reasonable steps not to interfere with the Owner's operations, or the Owner's remediation and redevelopment a 'vities pursuant to the BSRA. 42a2,u..Jd. ~-:iI City Manager City of Clearwater t/(iJ,/O:r I Date iYbJ/ose" I f Date ent by the following authorized agent:~ '-/. / ~1d. It< @,L-fA Signat re of Department represent tive Witness ~ 3 . () {"" 1 /J-? /@ 5 \ ( Date Date rev 03/05 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site 10 # BF529701004 Attachment D Certification of Redevelopment Agreement ,.i.".o;nr<t'....~:.. ~p ~ '" p.,LOF rl(tA~~ ,{'.'.. \..;)~_:.I{._~~'.r {;7.>.~ ,"/.-:::;:/', ~~,,"../)!J~ '~~..~\l,,~;. <;: s~f;~.~~;~ '.i . .~' ,.~ ~...-C"""~. ;:;:: 'c;~ .:;.... ~-_.~._-~ , "'l ""L\'-'T'-'-" "" r::::~ . "'.(If'x'uo' ~~~~ ~..-",Z'~ts~JJ1- CITY OF CLEARWATER POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 Cny HALL, 112 SOUTH OSCEOLA AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4054 FAX (727) 562-4075 www.clearwater-fl.com ECONOMIC DEVELOPMENT AND HOUSING DEPARTMENT BROWNFIELDS PROGRAM/ ENTERPRISE ZONE PROGRAM May 16, 2005 Mr. John Sego Florida Department of Environmental Protection Southwest District Office 3804 Coconut Palm Drive Tampa, Florida 33619-8318 RE: Brownfields Site Rehabilitation Agreement for the Clearwater Automotive Site (Brownfields Site ID # BF529701004) Dear Mr. Sego: This letter is intended to meet the requirements contained in Paragraph 4 of the Brownfields Site Rehabilitation Agreement regarding the real property as described in Attachment "A". The Brownfields Area as adopted by the City of Clearwater states that the City of Clearwater will become the Person Responsible for Brownfields Site Rehabilitation (PRFBSR). The City of Clearwater has made a commitment to rehabilitate and redevelop this property consistent with the local comprehensive plan and applicable local land development regulations. Please find appended the City of Clearwater Resolution No. 02-15 designating the property as a Brownfields Area for environmental rehabilitation and redevelopment. s~~ Geraldine Campus Director Economic Development and Housing Attachment FRANK HIBBARD, MAYOR BU.J.JONSON, VICE-MAYOR HoYT HAMILTON, COLlNCILMEMIlER * JOIlN DORAN, COUNCILMEMlJER CARLEN A. PETERSEN, COllNCILMEMIlER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" RESOLUTION NO. 02-15 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, MAKING FINDINGS; AMENDING THE BOUNDARIES OF A BROWNFIELD AREA PREVIOUSLY DESIGNATED BY RESOLUTION NO. 97-57 WITHIN THE CITY OF CLEARWATER FOR THE PURPOSE OF ENVIRONMENTAL REHABILITATION AND ECONOMIC DEVELOPMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater previously adopted Resolution No. 97-57 designating a Brownfield Area for the purpose of environmental remediation and economic development for such area; and WHEREAS, it is advisable to amend the designated Brownfields area to be geographically coincident with the subsequently adopted Enterprise Zone area; and WHEREAS, the requirements set forth in Florida Statutes Section 376.80 are met, 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, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Commission finds the preamble hereof to be true and correct. Section 2. The Brownfield Area previously designated by Resolution No. 97-57 is hereby amended to correspond to the area depicted on Exhibit A, attached hereto and incorporated herein by reference, for purposes of rehabilitation pursuant to Florida Statutes Sections 376.77-376.875. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 7th day of March ,2002. 11- }~ Brian J. Aungst V Mayor-CommissIoner Approved as to form: ~u~~ Leslie K. Dougall- . es Assistant City Attorney Attest: "hil(14~~1flp~(j~ (ltl.L Cyn E.Gollde.. ~ Clerk . o - -" . . . Resolution No. 02.15 - City of Clearwater Economic Development -- -- ........ ~ ~ ~;"I~ ,..~~ Ii"~- -1/ ... ~ UJ l..>~ ~ ((jii[ill ,r'~, l v c::l I. ;=me ~ 11r--1..~ ~ INlaIInM ~;. ~ -;; r'" to- -'. ~Ib.. jl. I I J ,i' If// 'r ~' ~"~I :3 8 .. .;I~ I~ Ml l ~ j r;.J'~I=Wl~: j = ~ 'l ~.~ . 1\ ~ T'" c= ., ~ ~ ~ Ifi K! .I\illi · ~ @ ~'9~ i If --=- ~~~ Ai L.... -nJ.. ~~7 r-rJ;2 SJ '-= : nt' .../ n J.-.. ~ i ~....r- c::::J . - - I LJJ!!!!::!: I I ........ I :.; ~~~ UUlX&) : ~ r- . aol:JlD~n _ I , w -.. ;;; ~ 1& ~LI[" I~:.d~ ~~ ~ 01 - I ~~~ V ............. i-it ~Dr-,r IfV'" &Irl -11I'1 l0- r P .. r~D'D II HI ~ r- a r ~BD~~rj!!:'Dff~J~~~~ ( ; , I~ q~~ ~ :2../:: ~ ~ ~ lIIIIII 0 U R ' _! ~ <1 L..-. '-..- V 7;r~ l:lr D8CS~ i If lJ: .1 /'=.'c. ~~I.~(D.CJW =-) W - I!!! I<L" ,-' L 0 t:J ~ I I W' II ( rr-:=i;=-= r gg )DI: If 1 llil I 11II -- I - .- ~ ~- HI'~ ~ l' f~'" ..~.~ 1 !:J ~ I ~.,....;::II llQ. g ""-.;:;'r-w- T./ 9_LJ . _ a 1 ti I, 1!.a:;:::>I1 - '= II ~ / ~~ ~~ I~. ~"'Z ~ ~ I I I~ c:= ~ ~~. A ~ E D I~ ~ ---- -- . .JBELLE-*IR ~.~. _ .:11 m ~; t\\~ ~ ~ L 0 C1 \Bm DOG)o II ;;:; ~a~~'-.' HI ., ( ~ ____ III , _ Brownfields Zone ~ I,~ .~ Enterprise Zone .~ ~ 1\ ~ ~ \ t ~ ~ 'f ~ I( j~ ~ f City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701004 Attachment E Contractor Certification Form and Insurance Certificates Department of Environmental Protection Jeb Bush Governor Twin Towers Office Building 2600 Blair Stone Road Tallahassee, Florida 32399-2400 CONTRACTOR CERTIFICATION FORM Brownfields Redevelopment Program T B E Gv-<::, '^f,' -I>~le. Contractor Address:) 't. c Q ~:l \4.. P IG\ C I: Contact Name: {\--'\ \ \(' oS ~. '0 c^ ,\ co 0 r Phone No.: '12.. -=t - 5') \ - 35 () 5 Brownfield Site 10 #: \) \= '5 2 q '+ c \ \) tl L\ Contractor Name Date: Colleen M. Castille Secretary (1.\ r~ -II \ ) L c:.oc. S J Fax No.: -:j 2 -=1- - '5 ? q - i: '5 L\ 5 Contractor Certifies by Checking All Appropriate Boxes: 1. It meets all certification and license requirements imposed by law. 2. It performs or contracts laboratory analysis pursuant to National Environmental Laboratory Accreditation Program certification requirements and performs or contracts field-sampling work in accordance with the Standard Operating Procedures for Field Activities pursuant to Chapter 62-160, Florida Administrative Code. 3. It complies with all applicable OSHA regulations. 4. It maintains Workers' Compensation Insurance for all employees. [Provide insurance certificate] 5. It maintains: a. Comprehensive General Liability coverage with minimum limits of not less than $1 million per occurrence and $2 million general aggregate for bodily injury and property damage, and b. Comprehensive Automobile Liability coverage with minimum limits of not less than $2 million combined single limit, and c. Pollution Liability coverage with limits of not less than $3 million aggregate for personal injury or death, $1 million per occurrence for personal injury or death, and $1 million per occurrence for property damage, and d. the State as an additional insured on the contractor's Certificate of Insurance certificates by naming the State as an Additional Insured party. [Provide insurance certificates] 6. It maintains Professional Liability coverage with minimum limits of at least $1 million per claim and $1 million annual aggregate. [Provide insurance certificate] 7. Has the capacity to perform the majority of the site rehabilitation Yes Gr Gt d d' d d G1 ci c1 "Protect. Conserve and Manage Florida's Environment and Natural Resources" Printed on recycled paper. No D D D D D D D D D revised. 07/101/04 Contractor Demonstration and Certification Form Brownfields Program program tasks pursuant to a brownfield site rehabilitation agreement or supervise the performance of such tasks by licensed subcontractors in accordance with Section 489.113(9), F.S. d o The person named below by signing as an "Officer of the Company" hereby certifies to the Florida Department of Environmental Protection (FDEP) that the Contractor named above meets the requirements for contractors participating in the Brownfields Redevelopment Program [Sections 376.80(6) and (7), Florida Statutes (F.S.)]: ~kJu- Signature of Officer of the Company and Date Signed S-\-Cy( V\ ? \--\0w(<-r-\Ll } rE- Print Name of Officer of the Company A 55\ S-\-(,,,)/\+ V \ LQ f -reS \d QlId- Title of Officer of the Company 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- This form is not for use with a joint Brownfields I RCRA program site. 2 ACORDTM CERTIFICATE OF LIABILITY INSURANCE T DATE (MM/DDIYY) 09/12/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Suncoast Insurance Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 22668 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tampa, FL 33622-2668 813289.5200 INSURERS AFFORDING COVERAGE INSURED INSURER A: United States Fidelity & Guaranty TBE Group, Inc. INSURER B: XL Specialty Insurance Company 380 Park Place Blvd. Suite 300 INSURER C: St Paul Fire & Marine Clearwater, FL 33759 INSURER D: ~~ I INSURER E: Client#. 3103 TAMPBAY3 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER PgkIfEY(ij~~g~~ p~~fJ tMX:ln~~N LIMITS LTR A ~NERAL LIABILITY BK01413156 06/30/05 06/30/06 EACH OCCURRENCE $1 000 000 Jt OMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $1 000 000 f--- CLAIMS MADE [1(J OCCUR I MED EXP (Anyone person) $10.000 I PERSONAL & ADV INJURY $1 000 000 f--- f--- GENERAL AGGREGATE $2 000 000 GEN'L AGGREGATE L1M IT APPLIES PER: PRODUCTS .COMP/OP AGG $2,000,000 Ii POLICY n P,~?T n LOC C ~TOMOBILE LIABILITY CA06614422 06/30/05 06/30/06 COMBINED SINGLE LIMIT ~ ANY AUTO (Ea accident) $1,000,000 - ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) - ~ HIRED AUTOS BODILY INJURY $ ~ NON.OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accident) ~RAGE LIABILITY I AUTO ONLY. EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS LIABILITY BK01413156 06/30/05 06/30/06 EACH OCCURRENCE $9.000.000 ~. OCCUR D CLAIMS MADE AGGREGATE $9.000.000 I I $ ==1 DEDUCTIBLE $ RETENTION $ $ C WORKERS COMPENSATION AND WVA7720349 06/30/05 06/30/06 X IT~%~T~J,~:" I IOJ~' EMPLOYERS' LIABILITY $1,000,000 EL EACH ACCIDENT E.L. DISEASE. EA EMPL OYEE $1,000,000 EL DISEASE. POLICY LIMIT $1,000,000 B OTHER DPR9408058 11/26/04 111/26/05 $5,000,000 Each Claim Professional $5,000,000 Ann Aggr Liabilitv DESCRIPTION OF OPERATlONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Professional Liability is written on a claims made and reported basis. FDEP Site ID No. BF529701004 The certificate holder is added as Additional Insured with respects to the General Liability and Auto Liability policies. Professional Liability (See Attached Descriptions) CERTIFICATE HOLDER I I ADDmONALINSURED;INSURERLETTER: CANCELLATION SHOULD ANYOFTHEABOVE DESCRIBED POLICIESBECANCELLED BEFORE THE EXPIRATION Florida Department of DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL3D--DAYSWRITTEN Environmental Protection NOTICE TOTH E CERTIFICATE HOLDERNAMED TOTHE LEFT, BUT FAILURE TODOSOSHALL Southwest District IMPOSE NO OBLIGATION OR L1ABILlTYOF ANY KIND UPON THE INSURER,ITS AGENTS OR 3804 Coconut Palm Dr. REPRESENTATIVES. Tampa, FL 33619.2400 AUTHORIZED REPRESENTATIVE I ,J).y ~ "'- Q..L to --. ACORD 25-5 (7/97)1 of 3 #S11 0872/M1 06730 KJS @ ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25-S(7/97)2 of 3 #Sl10872/M106730 DESCRIPTIONS (C()ntlnuedJrofll Page 1) policy includes Pollution Liability coverage. AMS 25.3 (07/97) 3 of 3 #511 0872/M1 06730 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site 10 # BF529701004 Attachment F Quality Assurance Certificate .-------,.--- -.----., . :~~f.In1i!,l~~ij'~'c~n~.~rpornet'llaks~rnples in the 'nes: . " , " - . .jl1pliance with the NELAC Standards and ':.jf"tedar~citedon the Laboratory Scope of Of~~bQtcIJ()ri~s,e.9' Box 210, Jacksonville, .'.fWith thfsag7ncy:~tJe.laboratory's certification ,,~thodsal'ld~I'!~lyt~s. .. --.--,::--,'..-':-\:::.'.-;',':-'::-,-:,-':--:. '.-":: :,-.-.,:...,.: .,.t-I.~~U(iH JUNE 30, 2006 ~ Miny S. Chan, Ph.D. Bureau Chief, Bureau of Laboratories Florida Department of Health DH Fonn 1697, 7/04 NON-TRANSFERABLE 06/28/2005-E86675 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701004 Attachment G Advisory Committee Members City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF529701004 CITY OF CLEARWATER'S BROWNFIELDS ADVISORY BOARD Willa Carson Resident 1108 North Greenwood Avenue Clearwater, Florida 33755 727-467-9411 Karen Fenton Business Owner/Representative 1200 Druid Road South Clearwater, Florida 33756 727-461-8644 Chris Rattray Business Owner/Representative 213 South Myrtle Avenue Clearwater, Florida 33756 727-461-9090 Randy Deshazo Agency/Government Representative 4000 Gateway Centre Blvd., Suite 100 Pinellas Park, Florida 33781 727-570-5151 ext 31 Ryley Jeanne Hunter* Agency/Government Representative 4175 East Bay Drive, Suite 300 Clearwater, Florida 727-538-7277 * Effective June 1, 2005 J:\00083\00083115.02\DOC\Misc\BSRA \Board.doc Reverend William F. Sherman, Sr. Resident 1249 Eldridge Street Clearwater, Florida 727-446-6137 Wallace Smith Resident 1375 Tioga Avenue Clearwater, Florida 33755 727 -446-0792 Joyce Gibbs Agency/Government Representative 14010 Roosevelt Boulevard, Suite 704 Clearwater, Florida 33762 727 -464-7319 David Lawrence J aye* Business Owner/Representative 2850 Weathers field Court Clearwater, Florida 33761 727-644-6822 City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site 10 # BF529701004 Attachment H Format for Submittal of Technical Documents ,. City of Clearwater Brownfield Site Rehabilitation Agreement Brownfield Site 10 # BF529701004 ATTACHMENT H - - FORMAT FOR SUBMITTAL OF TECHNICAL DOCUMENTS 1. Two hard copies or one hard copy and an electronic copy of each report or proposal and final reports shall be submitted to the Department or to the delegated local program. 2. In an effort to increase efficiency, responsiveness, and to enhance environmental protection, electronic records are an acceptable media substitute for hard copy and shall be pursued as the first option of choice to arrive at compliance. Where an electronic 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 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 transmitted using available media such as E-mail, Compact Disc (CD), Floppy Diskette, DL T tape cartridge, or File Transfer via an FTP site or dial-in connection. Additional format 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 within 30 days. The electronic copy shall be submitted on Compact Disk (CD) for archiving purposes. 5. The media shall include a file directory and specify the Unaming convention" . (a) Final reports (any text files) must be in one of the approved formats. (b) Site maps shall be in u.dxf', TIFF, JPEG or u.pdf' format. (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.