TRANSFER AGREEMENT TO LEASE FIELD HOUSE AND TO ACQUIRE BY QUIT CLAIM DEED THE JOE DIMAGGIO COMPLEX
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AGREEMENT
THIS AGREEMENT is entered into by and between the District Board of Trustees
of the St. Petersburg Junior College, Florida ("College"), a political subdivision whose post office
box is: Post Office Box 13489, S~. Petersburg, FL 33733-3489, and the City of Clearwater
("City"), a Municipal Corporation, existing by and under the laws of the State of Florida, whose
post office address is: Post Office Box 4748, Clearwater, FL 33758-4748.
WHEREAS, the City is desirous of leasing the College's field house, which consists
of a gymnasium, field house, tennis courts and related property upon the Premises described in
Exhibit "A" attached hereto, and;
WHEREAS, the City is desirous of acquiring by quit claim deed the property
currently referred to as the Joe DiMaggio Complex which includes two (2) baseball fields and
soccer fields which is described on..Exhibit "B" attached hereto, and together with the parking
area which is described on Exhibit "0" hereto, and;
WHEREAS, the College is in agreement with the foregoing subject to the following
terms and conditions.
NOW THEREFORE, in consideration of the Premises the Parties agree as follows:
1. That the City shall lease the Premises described on Exhibit "A" pursuant to
the terms of the Lease Agreement attached hereto as Exhibit "C".
2. That the College will deed the Premises described on Exhibits "B" and "0" to
the City by quit claim deed. The City will have the opportunity to examine the title to the
Premises and obtain title insurance at its expense. Said Premises shall be transferred to the
City by the College by quit claim deed. The College will retain a perpetual right of ingress and
egress to the Premises described on Exhibit "A" through the parking lot area as well as the right
of perpetual nonexclusive use of the parking lot for its staff, students and guests in connection
with the College's use of the Premises described in Exhibit "A" and "B". The parking lot area is
described on Exhibit "0" and shall be reasonably maintained by the City. The City agrees to
execute a perpetual easement.
3. The City shall have the right to examine any and all environmental reports
obtained by the College and may undertake environmental testing as specifically described in
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the Site Access and License Agreement and Plan ("Site Access Agreement") attached hereto
as Exhibit "E". The work to be performed under the Site Access Agreement shall be performed
in phases as set forth therein. Upon completion of each phase, the City shall provide the
College with the report/data collected from such phase. The College shall have the right to
terminate the Agreement by written notice to the City to be given within fourteen (14) days of
receipt of such report/data. The City shall not move to the next phase of work until the
expiration of the fourteen-day period or written notice from the College of waiver of its right to
terminate. In the event that the City determines in its reasonable judgment that the Estimated
Incremental Cost (as defined below) exceeds Five Hundred Thousand Dollars ($500,000), then
the City may terminate this Agreement by written notice to the College no later than sixty (60)
days after completion of final phase of the field work to be performed under the Site Access
Agreement. Failure to exercise the said option to terminate within the aforesaid time shall
require the City to complete and close the transactions set forth in this Agreement.
The "Estimated Incremental Cost" shall be defined to mean the reasonable
estimated incremental cost to manage the contaminated media disclosed by the environmental
testing in connection with the City's proposed development plan as disclosed to the College.
4. That the Parties will obtain from the Center Foundation, Inc. formerly known
as the Clearwater Youth Recreation Center, Inc., its release and relinquishment of any right to
name the two (2) baseball fields located on the Premises (Exhibit "8") and, further agree that
the said Premises will no longer be referred to as the Joe DiMaggio Complex. The City and the
College agree that the Premises described on Exhibit "A" hereto shall bear the name "Joe
DiMaggio Sports Complex."
5. The College shall have the right to use the baseball and soccer fields Exhibit
"8", and coaches office and locker rooms on the Premises described as Exhibit "A" for its club
soccer team and its College baseball team for both practice and games without cost to the
College. The City and the College will cooperate in scheduling the aforesaid practice and
games.
6. The City accepts the Premises described in Exhibits "8" & "0" in an "as is"
condition. The City acknowledges that it is fully aware of the environmental conditions of the
Premises referred to on Exhibits "8" and "0" and agrees not to undertake any step or make any
claim against the College or undertake any action that may require the College to cleanup or
pay for the clean up of the Premises or otherwise seek any contribution or reimbursement from
the College for any environmental condition of any kind. The City accepts any liability and cost
that may be imposed upon the Premises described in Exhibits "8" and "0" for any
TRANSFER AGREEMENT - City of Clearwater - Page 2 of 4
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environmental condition of any kind. The City agrees that it will not seek contribution or
reimbursement from the College for any such matter under any circumstances. The City agrees
that should the property be subsequently transferred by the City that it shall provide in any deed,
transfer document, lease or agreement that the transferee by acceptance of the deed, transfer
document, lease or agreement covenants that the transferee agrees it shall not undertake any
steps or make any claim against the College or undertake any action that may require the
College to clean up or pay for the clean up of the Premises described on Exhibits "B" and "0".
The transferee shall further agree that it will not seek contribution or reimbursement from the
College for any environmental condition of any kind under any circumstances. These provisions
shall survive the closing of the Agreement and shall run with the land and be binding upon each
subsequent transferee. Transferee shall include lessee, licensee, grantee or any other person
or entity claiming any right of use of said Premises.
7. The College agrees to close off the wells located on the Premises described
in Exhibit "B". The College further agrees to permit the City access to well water for irrigation of
the Premises described in Exhibit "B" for so long as the City uses the Premises only for public
recreational use. The well is to be located on the College's main Clearwater Campus and a
water line shall be piped by the College to the present underground pipe under Drew Road.
The City may attach and install lines and watering systems for the Premises described in Exhibit
"B" at the City's expense. The College reserves the rights to tap into the City's lines for water
line supply to its Premises described in Exhibit "A". The College shall have a perpetual
easement to such water line supply including the right of access for installation and
maintenance. Should reclaimed water become available to the City for Premises described on
Exhibit "B", then in that event, the City's access to the College's well water shall cease. Then in
that event, in view of the Colleges having provided free usage of water hereunder, the City shall
provide the College with access to and free use of the reclaimed water at its Clearwater
Campus for a period of fifteen (15) years after installation thereof.
8. The rights given to the College in paragraphs 2.,5.,6. and 7. shall survive the
closing of the transactions set forth herein. The City also agrees to execute the several
perpetual rights and use agreements referred to herein as well as any other documents
necessary to carry out the terms this Agreement.
9. The parties agree that the legal description for the property described in this
Agreement on Exhibit s "A", "B" and "C" may be added to this Agreement upon the completion
of the surveys thereof and that the perpetual easements and use agreements referred to in this
Agreement shall be presented to the City ten (10) days prior to closing and shall be in standard
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form. In the event the City or College exercises the right to terminate this Agreement pursuant
to paragraph 3. hereinabove, paragraphs 2., 4., 5., 6., 7. and the first sentence of paragraph 8.
shall be of no force or effect.
IN WITNESS WHEREOF, the Parties to this Agreement have set forth their hands
and seals as of the date(s) specified hereinafter.
Witnesses to the COLLEGE:
%OfYl i2.. 'rr1J10~.
CRA7l p~ J. \:I,~
DISTRICT BOARD OF TRUSTEES OF
ST. PETERSBURG JUNIOR COLLE E, FLORIDA
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Car er, Jr.
College President & Secretary
District Board of Trustees
BY:
Date: 7/JJ J 00
Countersigned:
AP~ as to form:
Pam Atken A k I (\J
City Attorney
Attest:
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Cynth' E. Goudeau
City CI k
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(Affix Corporate Seal)
State of Florida
County of Pinellas . J-
~\\"m'''.11 J.(J./
The foregoing instrument ~>tI. .. U1efore me th\&XI_ day of , 2000 by Carl M. Kuttler, Jr. College President and
Secretary to the Distric~o oI!fos1~ "6J.-2he St. Petersburg Juni r olleg Florida, who [His personally known U has produced a
Driver's License as id~fi~~ 17 'N q;;. ~ ~
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[Notary Seal] ~ * : ~ ~ "" \';,: ~ Notary PublicO- a4'Yl-l!.~ .-X1, ~
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~3>~. #CC749437 :~i Printed Name: /.ft:unQ./C( ,"~' 1!1 /~
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~~.. ~ 8oncled~~~ ."I!~ My Commission Expires: X' / 7 /O.;l.....
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State of Florida ~"'I,i""I1\\\\\
County of Pinellas 13. I ^
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The foreg,oing instrume,nt was acknowledged befqrfl me this ~ S day of . ' 2000 by Mr. Brian J. Aungst, Mayor-
CommiSSioner of the City of Clearwater and W'l It A. M ~ IS r n ~ ' City Manager of the City of Clearwater
, who ~are personally known or [
] has produced a Driver's License as identification. -
[Notary Seal]
Nola", Publ;, ~..... /) . n
Printed Name: ~PFLI~
My Commission Expires: CAR N L B~78
COMMI e
EXPIRES 5/2212003
BONDED THRU ASA 1_888-NOTARY1
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LEASE AGREEMENT
THIS LEASE AGREEMENT ("Lease"), made and entered into thisJ~ day
of ~, 2000, by and between the City of Clearwater, a Municipal Corporation,
existing by ana under the laws of the State of Florida, ("Lessee"), whose post office address is:
Post Office Box 4748, Clearwater, FL 33758-4748, and the District Board of Trustees of the St.
Petersburg Junior College, Florida, a political subdivision, ("Lessor"), whose post office box is:
Post Office Box 13489, St. Petersburg, FL 33733-3489, collectively, the "Parties".
WITNESSETH:
That for and in consideration of the covenants and promises contained herein and
other good and valuable consideration, the receipt and adequacy which is hereby
acknowledged, the Parties hereto agree as follows:
1. PREMISES: The Lessor leases to the Lessee and the Lessee leases from
the Lessor the following described property ("Premises") subject to the terms, provisions,
conditions, and limitations set forth and described in this Lease, to wit:
"See attached Exhibit A" - Field House and Gymnasium
2. TERM: The term of this Lease ("Term") shall be for four (4) years,
commencing on October 1, 2000, and ending on September 30, 2004.
3. RENT: Lessee shall pay to the Lessor the rent of One Dollar ($1) per year,
plus applicable tax, payable in advance on the 1st day of the Term.
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4. USE OF PREMISES:
(a) The Premises shall be used by the Lessee for recreational purposes only
and for no other purpose.
(b) Lessor shall have the right to use the Leased Premises at a minimum of
ten (10) times per year. The Lessor also retains the right to use up to two (2) office spaces for
coaches and locker rooms for players. The Lessor and Lessee agree to cooperate in
scheduling the use of the Premises to meet the respective needs of the Parties.
(c) The Lessor shall further be entitled to use the parking area adjacent to
the Premises owned by the Lessee for its staff, students and guests for events held by the
Lessor upon the Premises. The parking area is legally described on Exhibit "D" attached
hereto.
5. UTILITIES: Lessee shall pay all costs (including installation, deposits, and
usage) for utilities, including but not limited to, electricity, telephone, telecommunications, water,
gas, sewerage, garbage, stormwater fees and trash collection, if any, associated with its use of
the Premises. Any telephone services and/or equipment used primarily by the Lessor, if any,
shall be paid by the College.
6. FEES AND TAXES: Lessee agrees to pay all fees and taxes, if any, levied
on the Premises or its contents and deliver to the Lessor the appropriate receipts which
demonstrate payment thereof. It is understood that this shall include, but not be limited to,
income tax, property tax real and personal, sales tax and all other fees and expenses.
7. CONDITION OF PREMISES: Lessee has inspected the Premises and
accepts the condition of the Premises in an "as is" condition. The Lessor has made no
representations, statements, or warranties, either expressed or implied, as to the condition of
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the Premises, or as to its fitness for a particular use. The Lessor and its respective agents and
employees shall not be responsible or liable at any time for (a) any defects, latent or otherwise,
in any building or improvements in the Premises or any of the equipment, machinery, utilities,
appliances or apparatus therein, or (b) for any loss of life, or injury or damage to any person or
to any property or business of Lessee or those claiming by, through or under Lessee, caused
by, or resulting from, the bursting, breaking, leaking, running, seeping, overflowing or backing
up of water, steam, gas, sewage, snow or ice in any part of the Premises or caused by or
resulting from, acts of God or the elements, or resulting from any defect or negligence in the
occupancy, construction, operating or use of any buildings or improvements in the Premises, or
any of the equipment, fixtures, machinery, appliances or apparatus therein.
8. LESSEE'S MAINTENANCE OBLIGATIONS: Lessee shall maintain the
interior and exterior of the Premises, including but not limited to, electrical, plumbing, heating
and air conditioning, mechanical, structural, security, roofing, and irrigation systems in good
working condition at all times, and at the Lessee's sole cost and expense, and shall return the
Premises upon termination of this Lease to Lessor in good condition with all of the aforesaid
systems in good working condition, and shall use all reasonable precautions to prevent waste or
damage to the Premises. The gymnasium floor shall be maintained in good condition at all times
during this Lease and shall be refinished and returned to the Lessor at the end of this Lease in
first-class condition. The Lessee shall assure that the Premises are maintained so as to meet
all requirements for community college educational facilities and of any City, County, State and
Federal Laws and regulations and building codes applicable to the Premises and Lessee's use
thereof.
9. RENEWAL OPTION: This Lease may be renewed or extended at the end of
the Term upon mutual agreement by the Parties hereto. Either party shall express their desire
to renew by giving notice in writing to the other party at least one (1) year prior to the last day of
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the Term of this Lease or any extension thereof. If prior agreement on renewal or on the terms
of renewal cannot be reached, this Lease or any renewal thereof will terminate on the last day of
the Term in effect.
10. HOLD-OVER: In the event Lessee shall hold-over the Leased Premises after
expiration of this Lease, or any extension or renewal thereof, with the consent, expressed or
implied, of the Lessor, such hold-over is to be considered to be a tenancy from month-to-month
only.
11. RETURN OF PREMISES ON EXPIRATION, TERMINATION OR
CANCELLATION: Lessee shall, on or before the expiration date of this Lease or any renewal
or extension thereof, or its earlier termination as provided herein, remove all goods and effects
of Lessee, repair any damage caused by such removal and surrender and deliver up the
Premises in good order, condition and repair as provided in paragraph 8. above. Any property
not removed within twenty-four (24) hours after the expiration date of this Lease or its earlier
termination as provided herein shall be deemed to have been abandoned by Lessee, and may
be retained or disposed of by Lessor, as Lessor shall desire.
12. PROHIBITED USE: The Premises shall not be used for any other purpose
other than that provided herein and shall not be used for storage or dumping of inflammable,
explosive or hazardous materials, except for normal cleaning materials.
13. HAZARDOUS MATERIALS DEFINED: Hazardous materials shall mean any
contaminant, chemical, waste, irritant, petroleum product, waste product, radioactive material,
flammable or corrosive substance, explosive, poly-chlorinated biphenyls, asbestos, hazardous
toxic substance, material or waste of any kind, or any other substance which is regulated by any
environmental law. Hazardous materials shall include, but not be limited to, substances defined
as "hazardous substances," "hazardous materials," or "toxic substances" in the Comprehensive
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Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C.
Section 9601, et seq.; the Hazardous Materials Transportation Act, 39 U.S.C. Section 1801, et
seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq.; all
applicable state and local laws; and in the regulations adopted and publications promulgated
pursuant to said laws or any amendments or addendums thereto.
14. RADON GAS: Radon is a naturally occurring radioactive gas that, when it
has 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.
15. REPLACEMENT FACILITY: The Lessor is under no obligation to locate or
provide a replacement facility under any circumstances, including but not limited to
condemnation, substantial damage to the existing improvements by fire, flood, hurricane,
tornado, earthquake or other form of natural disaster, or termination.
16. IMPROVEMENTS TO PREMISES: Lessee shall not make or permit to be
made any alterations, additions, improvements or changes in the Premises without, in each
case, first obtaining the written consent of the Lessor. All improvements made to the Premises
by either party shall immediately become the property of the Lessor and shall remain during the
Term of this Lease and upon expiration or termination thereof. All improvements approved by
lessor must be in accordance with state law and regulations for community college educational
facilities and in compliance with all City, County, State and Federal laws and regulations and
building codes. The cost of any improvements, including any required asbestos abatement
shall be paid by the City.
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17. SUBSTANTIAL DAMAGE: If the Premises are damaged substantially,
without fault of Lessee, by fire, flood or other cause so as to render the Premises untenable,
either party may terminate this Lease without further liability other than those liabilities existing
at termination. If the Premises are damaged by fault of the Lessee, the Lessee shall be
responsible for the cost of repairs and restoration of Premises to the extent that insurance
proceeds do not cover the cost of the repair and restoration.
18. RIGHT OF ENTRY: The Lessor shall have the right, at all reasonable times,
to enter and inspect the Premises as the Lessor may reasonably desire.
19. INDEMNITY: Lessee agrees to defend, hold and save the Lessor harmless
from any and all damages, loss, or liability occurring by reason of any injury of any person or
property occasioned by an act or omission, neglect, or wrongdoing of the Lessee or any of its
officers, agents, representatives, guests, employees, invitees, or persons contracting with the
Lessee, and Lessee will, at its own cost and expense, including but not limited to, attorneys fees
and costs at trial or on appeal defend and protect the Lessor against any and all such claims or
demands which may be claimed to have arisen as a result of, or in connection with, the
occupancy or use of the said Premises by the Lessee or Lessee's failure to comply and conform
with any state for federal law, statute, ordinance or regulation now or hereinafter in force. The
foregoing indemnity shall be limited to and subject to the extent and limitations for Lessees
liability as provided for in Florida Statute 768.28. The purchase of insurance coverage required
by this Lease, or otherwise shall not relieve Lessee of any duties set forth in this paragraph or
agreement.
20. INSURANCE: Lessee shall, for the full Term of this Lease, maintain at
Lessee's cost, a liability insurance policy covering the Leased Premises in amounts provided in
and subject to Florida Statute 768.28 and further providing to the Lessor a certificate of
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insurance evidencing Lessee's coverages under Florida Statute 768.28. All certificates of
insurance required by this Lease shall be provided on a Standard ACORD Form. Lessee shall
for the full Term of this Lease provide fire and casualty insurance at its expense in an amount
acceptable to the Lessor and the Lessor shall be named as the loss payee of any proceeds.
21. LIENS:
(a) Lessee shall never, under any circumstances, have the power to subject
the Premises to any mechanic's or materialman's lien or other lien of any kind.
22. DEFAULT:
(a) In the event of any failure of Lessee to pay any sums or any failure to
perform any other of the terms, conditions or covenants of this Lease to be observed or
performed by Lessee, or if Lessee shall become bankrupt or insolvent or file any debtor
proceedings, or take or have taken in any state a petition in bankruptcy or insolvency or for
reorganization or for the appointment of a receiver or trustee of all or a portion of Lessee's
property, or if Lessee makes an assignment for the benefit of creditors, or petitions for or enters
into an arrangement, or if Lessee shall abandon the Premises, then the Lessor shall have the
right to immediately terminate this Lease.
(b) The exercise by the Lessor of any right or remedy to collect rent or
enforce its rights under this Lease shall not constitute a waiver of, or preclude the exercise of,
any other right or remedy afforded the Lessor by this Lease or by statute or law. The failure of
the Lessor in one or more instances to insist on strict performance or observations of one or
more of the covenants or conditions of this Lease, or to exercise any remedy, privilege or option
conferred by this Lease on or reserved to the Lessor, shall not operate or be construed as a
relinquishment or future waiver of the covenant or condition or the right to enforce it or to
exercise that privilege, option or remedy, but that right shall continue in full force and effect.
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The receipt by the Lessor of rent, or any other payment of part of payment required to be made
by the Lessee, shall not act to waive any other additional rent or payment then due. Nor shall
receipt, though with the knowledge of the breach of any covenant or condition of this Lease,
operate as or be deemed to be a waiver of this breach, and no waiver by the Lessor of any of
the provisions of this Lease or any of the Lessor's rights, remedies, privileges, or options under
this Lease shall be deemed to have been made, unless made by the Lessor in writing. No
surrender of the Premises for the remainder of the Term shall be valid, unless accepted by the
Lessor in writing.
23. ASSIGNMENT OR SUBLET:
(a) Lessee shall not have the right to assign, transfer, convey, sublet or
otherwise dispose of the Premises or this Lease or any part thereof, or of its right, title or
interest therein or its power to execute this Lease or any amendment or modification thereto, to
any person, company or corporation, except a successor organization whose purpose is
substantially the same as Lessee. Such assignment shall require the prior written consent of
the Lessor. In the event of an approved assignment, the Lessee shall remain fully responsible
and liable for all terms and conditions set forth in this Lease. Any other attempted assignment
or sublease shall be void and shall be deemed a default of this Lease and cause for immediate
termination.
(b) If Lessee is declared insolvent or adjudicated a bankrupt or if Lessee
makes an assignment for the benefit of creditors, or if Lessee's leasehold interest is sold under
execution or a trustee in bankruptcy or a receiver appointed for Lessee, the Lessor, without
prejudice to its rights hereunder and at its option, may terminate this Lease and retake
possession of the Premises immediately and without notice to Lessee or any assignee,
transferee, trustee or any other person or persons, using force if necessary.
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(c) No assignment or sublease shall relieve the assignor or sublessor of any
obligation under this Lease. Each assignee or sublessee, by assuming that status, shall
become obligated to perform every agreement of this Lease to be performed by Lessee, except
that a sublessee shall be obligated to perform them only insofar as they are related to the
subleased part of the Premises and the rent required by the sublease, and shall be obligated to
pay rent directly to the Lessor only after sublessor's default in payment and written demand
from the Lessor to pay rent directly to the Lessor.
24. SUCCESSORS AND ASSIGNS: This Contract shall bind the Parties and
their assigns or successors, and the heirs, assigns, administrators, legal representatives,
executors or successors, as the case may be.
25. NOTICES: All notices, requests, demands or other communications
hereunder shall be in writing, and shall be deemed to have been duly given if delivered in
person, or within seven (7) days after deposit in the United States mail, postage-prepaid,
certified with return receipt request, or otherwise actually delivered, to:
LESSOR
LESSEE
District Board of Trustees
St. Petersburg Junior College
Attn.: College Attorney
PO Box 13489
St. Petersburg FL 33733-3489
City Manager
City of Clearwater
PO Box 4748
Clearwater FL 33758-4748
26. RELATIONSHIP BETWEEN PARTIES: The relationship between the
Parties is that of Landlord and Tenant.
27. COMPLIANCE WITH REGULATIONS: The Lessee will obtain, at its own
expense, all required and necessary licenses and permits and comply with all laws and
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regulations of the United States of America, the State of Florida, County of Pinellas, and the City
of Clearwater, Florida, as may pertain to its use of the Leased Premises.
28. APPLICABLE LAWS AND VENUE: This Lease shall be governed by and
interpreted in accordance with the laws of the State of Florida. Venue for any action brought in
state courts shall be in Pinellas County, Clearwater Division. Venue for any action brought in
Federal Court shall be in the Middle District of Florida, Tampa Division, unless a division shall
be created in Clearwater or Pinellas County, in which case the action shall be brought in that
division.
29. SEVERABILITY: Should any section or any part of any section of this Lease
be rendered void, invalid, or unenforceable by any court of law, for any reason, such
determination shall not render void, invalid, or unenforceable any other section or any part of
any section of this Lease.
30. NON-DISCRIMINATION: Lessee shall not discriminate against anyone in the
use of said Premises because of race, color, religion, age, sex, marital status or national origin
nor will either discriminate against any individual with a disability in the use of the Premises.
31. HEADINGS: The section headings are inserted herein for convenience and
reference only, and in no way define, limit or otherwise describe the scope or intent of any
provisions hereof.
32. ENTIRE AGREEMENT: This Lease, including attachments hereto, if any,
constitutes the entire Agreement between the Lessor and the Lessee. No change will be valid,
unless made by supplemental written agreement, executed and approved by the principal
Parties.
LEASE AGREEMENT - Page 10 of 12
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EXHIBIT "e" Page 11 of 12
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33. RECORDABILlTY: This Lease shall not be recorded in the official records of
Pinellas County by either party.
34. NO CONSTRUCTION AGAINST PREPARER OF LEASE: This Lease has
been prepared by the Lessor and reviewed by the Lessee and it's professional advisors. The
Lessor and Lessee's professional advisors believe that this Lease expresses their agreement
and that it should not be interpreted in favor of either the Lessor or Lessee or against the Lessor
or Lessee merely because of their efforts in preparing it.
35. DUE AUTHORITY: Each party to this Lease represents and warrants to the
other party(ies) that (i) they are duly organized, qualified and existing entities under the laws of
the State of Florida, and (ii) all appropriate authority exists so as to duly authorize the persons
executing this Lease to so execute the same and fully bind the party(ies) on whose behalf they
are executing.
36. AMERICANS WITH DISABILITIES ACT OF 1990: Lessee assumes all
costs and responsibility for any construction and physical modification undertaken pursuant to
paragraph 16. herein including the provision of auxiliary aids, services and legal costs, for
ensuring compliance with all aspects of the Americans with Disabilities Act of 1990 (ADA) and
any amendments thereto related thereto, including Title II, Structural and Title III, Programmatic
Accessibility Standards as well as any future additions.
37. SUBSEQUENT MUTUAL AGREEMENT: In the event the parties have a
higher purpose for the use of the Premises, this Lease may, by mutual agreement, be
terminated.
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EXHIBIT "e" Page 12 of 112
IN WITNESS WHEREOF, the Parties to this Lease have set forth their hands and
seals as of the date(s) specified hereinafter.
r:r,:~1~
DISTRICT BOARD OF TRUSTEES OF
ST. PETERSBURG JUNIOR COLLEGE, FLORIDA
:.----:---
Witnesses to the COLLEGE:
Carl er, Jr.
College President & Secre
District Board of Trustees
BY:
Date:
7/..2/ 100
:~TY~ .. ~
Print Name: William ~
Interim City Manager
A
A~,st:
if .', ,c..'"
C~~~O:d~~'
City 'ejerk
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Pam n::4 (<t N
City Attorney
(Affix Corporate Seal)
State of Florida
County of Pinellas ""'''" ..J.
~"\\\\ 1111111. ..:J J4U
The foregoing instrume~efore me t~~ day of ,2000 by Carl M. Kuttler, Jr, College President and
Secretary to the Distr~~.,s~~ ~e St. Petersburg Juni olleg Florida, who U11S personally known U has produced a
Driver's License as idjntifi~~~st 7, CIa ~" ~ Q -
:: .~~ l?:>ff\".: {J I .n!.
[Notary Seal] ~* E... (f): * ~ Notary Public ~.'0 , ~
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~;;.\ . . ~~ Printed Name' ramt:(EL. \...)111/ 1it1
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State of Florida
County of Pinellas
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The foregoing instrument was acknowledged before me this J S day of
Commissioner of the City of Clearwater and .
:J'.~. J"O "., 01\ ~I"
, 2000 by Mr. Brian J. Aungst. Mayor-
,Ci Manager of the City of Clearwater
~ , who ~re j:lersonally known or [
] has produced a Driver's License as identification,
[Notary Seal]
Notary Public ~ ~ ~
Printed Name: '.
My Commission Expires:
NO'fM'l' i'Ui!ue .lITA'f! ofll'lOlll!Oo\
CAROLYN L BRINK
COMMISSION' CCll34678
EXP,"F. S 512212003
BCN'JEJI Hi.v ,.,SA , -888-NOTARY1
LEASE AGREEMENT - Page 12 of 12
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DEC. 14, 1994
FIGURE 1 SITE PLAN
c..o.co NO.
00062SPJ
IINORTH 4011
GLE ASSOCIATES, INC.
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ST. PETERSBURG JUNIOR COLLEGE
CLEARWATER, flORIDA
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EXHIBITS "E" Page 1 of 8
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SITE ACCESS AND LICENSE AGREEMENT
This Agreement is made and entered into this ~ay of J~ ' ' 2000, by and
between THE DISTRICT BOARD OF TRUSTEES OF THE ST(j'PE RSBURG JUNIOR
COLLEGE (hereinafter "SPJC") having as its address of P. O. Box 13489, St. Petersburg,
Florida 33733-3489 and the CITY OF CLEARWATER, having an address
and their agents, employees, contractors, and subcontractors
(being hereinafter collectively referred to as "City") including without limitation TAMPA BAY
ENGINEERING, INC. ("TBE").
WITNESSETH:
WHEREAS, SPJC owns certain real property known as the Joe DiMaggio Sports
Complex located at 2465 Drew Street, Clearwater, Florida (the "Property").
WHEREAS, City wishes to acquire the Property from SPJC and the SPJC wishes to
transfer the Property to City;
WHEREAS, as part of City's due diligence, City wishes to perform certain tests on the
Property as more particularly described in that certain original scope of work dated April 26,
2000, prepared by TBE and subsequent modifications thereto, copies of which are collectively
attached hereto as Exhibit "A" (the "Plan"). City agrees to perform tests according to all of
SPJC's approved requirements and modifications;
WHEREAS, the parties in conjunction with the Agreement to which this Site Access and
license Agreement is attached, SPJC is providing the City with access to the Property for the
purposes of continuing its due diligence in an expedient fashion.
NOW, THEREFORE, in consideration of the recitals set forth above and good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, SPJC and
City hereby agree as follows:
1. Grant of Access. SPJC hereby grants City access to the Property for the
completion of the work described in the Plan (the "Work"). In connection with conduct of the
Work, SPJC hereby agrees that City may bring onto the Property such equipment or machinery
as may be reasonably necessary to complete the Work. Personnel authorized to have access to
TPA#1613538,05
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the Property under this Agreement shall include TBE, and City employees and authorized
representatives for purposes of conducting oversight of City's activities.
2. Payment for the Work. The Work shall be performed at City's sole cost and
expense, and City shall make no charge against SPJC for the work it performs on or about the
Property in connection with the Plan or this agreement. SPJC's interest in the premises shall
not be subject to liens for improvements made by City, and City shall have no power or authority
to create any lien or permit any lien to attach to the Property for any cause or reason. All
materialmen, contractors, artisans, mechanics and laborers and other persons contracting with
City with respect to the Property or any part thereof, are hereby charged with notice that such
liens are expressly prohibited and that they must look solely to City to secure payment for any
work done or material furnished for improvements by or for any other purpose during the term of
this agreement. In the event of the assertion of any such lien, City covenants and agrees to
transfer any claimed or asserted lien to a bond or such other security as may be permitted by
law and reasonably acceptable to SPJC within ten (10) days of the assertion of any such lien or
claim of lien. City shall advise all persons furnishing designs, labor, materials or services to the
Property in connection with City's work thereof of the provisions of this Section. Prior to
commencing the Work on the Property, City's Contractor (and all authorized subcontractors)
shall provide SPJC with a waiver of lien for the Work on a form provided by SPJC.
3. Conformity of Work with the Plan and Law. City shall conduct the Work in strict
conformity with the Plan, at the specific locations and at specific times to be approved in,
advance in writing by SPJC. The Plan may not be amended without prior written approval of
SPJC. The parties acknowledge that the Plan may need to be amended to address unknown
conditions discovered on the Property during performance of the Work, and the parties shall
work together in good faith to resolve all such issues as promptly as possible. City shall comply
with any and all applicable federal, state and local health, safety and environmental laws, rules
or regulations governing the Work.
4. Work Schedule. City shall notify SPJC at least five (5) business days prior to
conducting any activities on the Property, including specific locations and times at which the
activities will take place. The plan or schedule for Work shall not be amended without prior
authorization of SPJC. The parties will work together to schedule the Work in order to minimize
possible disruption of SPJC's planned activities on the Property. SPJC and its designated
representatives may attend and observe the conduct of all Work hereunder including the
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EXHIBIT "E" Page 3 of 8
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collection of split samples with the City. If in the judgment of SPJC any Work performed by City
results in a dangerous condition, or condition likely to cause material adverse impacts to the
Property, the environment, or the public health, welfare or safety, SPJC may require City to
cease such Work immediately; provided, however, nothing herein shall be deemed to impose
upon SPJC the duty to supervise or approve the conduct of the Work, or to otherwise limit the
City's liability as a result of the performance of the Work by City.
5. Maintenance and Restoration of Site Conditions. City agrees to maintain its
equipment and other materials in an orderly manner while they are located on the Property and
to promptly remove all equipment and other materials used when each activity on the Property
is completed. City agrees to complete the work on the Property as quickly as possible, in order
to minimize any disruption of SPJC's activities on the Property. Upon completion of each
activity on the Property, City shall leave the Property in the substantially similar physical
condition as before the activity began, to the extent possible, including without limitation
compaction of any replacement fill, restoration of any cap materials over fill and replacement of
sod, paving, or other surface treatment existing prior to such Work. Without limiting the
generality of the foregoing, it is the parties intention that the environmental condition of the
Property, including condition of landfill areas and groundwater conditions, shall pose no greater
liability or risk to SPJC or to human health, safety, welfare or the environment as a result of
City's activities on the Property, and the City shall take all actions required or reasonably
appropriate to insure against, prevent and to abate any incremental adverse environmental
impact or human health, safety or environmental risk resulting from or arising out of City's
actions on the Property. Assumption of Certain Risk bv City. Prior to the Effective Date of this
Agreement, SPJC has provided City with copies of all reports or documentation in SPJC's
possession pertaining to the environmental condition of the Property, all of which are identified
on Exhibit "B" hereto (collectively referred to as the "SPJC's Environmental Documents"). City
acknowledges that SPJC's Environmental Documents were not prepared by SPJC and are
provided to City for informational purposes only and without representation or warranty by SPJC
as to the completeness or accuracy of matters set forth therein, it being agreed that City shall
make its own determination of the environmental condition of the Property in connection with its
contemplated acquisition thereof. City acknowledges that portions of the Property include areas
of areas of historical "landfill" and that such fill activities occurred prior to the regulation of
landfills, including the nature and types of waste that may be disposed therein. As such, SPJC
can make no representation as to the nature of wastes or materials City will encounter during
the performance of the Work and City shall be solely responsible to take all actions required or
TPA#1613538,05
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reasonably appropriate to insure against and to remove any incremental adverse environmental
impact or human health, safety or environmental risk resulting from or arising out of City's
actions on the Property.
6. Disposal of Materials Removed from the Property Durina City Investiaation. At
City's sole cost and expense, City shall properly characterize, promptly remove, transport and
dispose of all contaminated materials excavated, extracted or removed from the Property during
the Work, including without limitation drill cuttings or other investigation derived waste ("IDW"),
debris, trash, fill or other excavated materials. No materials excavated in areas of historical
landfill shall be returned to the excavation/Property. All materials requiring transportation and
disposal off-site may be stored temporarily on the Property only in secured containers and at
such locations as SPJC may reasonably approve given the nature of such materials. City shall
promptly provide SPJC with copies of all manifests or other disposal records evidencing the
disposal of such materials. City shall be named as the "generator" on all such disposal records.
7. Indemnification/Proof of Insurance.
(a) City shall during the term hereof and at all times during which access is
available to it, require TBE and any other contractors or subcontractors performing the activities
described in this Agreement, and their employees and agents, to:
(1) maintain insurance with the following coverages:
(i) Workmen's Compensation with statutory limits;
(ii) Automobile Liability with $1,000,000.00 single limit or equivalent;
(Hi) Comprehensive General Liability, including contractor liability
covering City's obligations set forth herein, with $1,000,000.00 per
occurrence; $2,000,000 in the aggregate.
(iv) Employers Liability Insurance per Fax Transmission from Steven
P. Howarth, PE dated June 12, 2000;
(v) Excess Umbrella Coverage per Fax Transmission from Steven
P. Howarth, PE dated June 12, 2000;
(vi) Professional Errors and Omissions per Fax Transmission from
Steven P. Howarth, PE dated June 12, 2000.
TPA#1613538,05
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EXHIBIT "E" Page 5 of 8
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Prior to commencing the Work, City shall deliver certificates of insurance
from all contractors naming SPJC as additional insured.
(2) indemnify, defend, protect, hold and save SPJC and SPJC's officers,
directors, employees, and agents (the "SPJC parties") harmless from any and all damages,
loss, or liability, costs of investigation or remediation, limitation attorneys fees and costs whether
at trial or on appeal, occurring by reason of any injury to any person or property (including the
Property subject to this Agreement): (i) occasioned by an act or omission, neglect, or
wrongdoing of such entity or any of its officers, agents, contractors, representatives, guests,
employees, invitees, or persons contracting with the such entity on or about the Property
occurring in connection with the City's exercise of its rights under this Agreement, (ii) which may
be claimed to have arisen as a result of, or in connection with, the access to the Property
granted to the City hereunder, or (iii) such party's failure to comply and conform with the terms
of this Agreement, or any law, statute, ordinance or regulation now or hereinafter in force
(including any amendments thereto).
(b) In addition, City agrees to defend, hold and save the SPJC parties
harmless from any and all damages, loss, or liability costs of investigation or remediation,
occurring by reason of any injury of any person or property (including the Property subject to
this Agreement) occasioned by an act or omission, neglect, or wrongdoing of the City or any of
its officers, agents, representatives, guests, employees, invitees, or persons contracting with the
City, and the City will, at its own cost and expense, including but not limited to, attorneys fees
and costs at trial or on appeal defend and protect SPJC against any and all such claims or
demands which may be claimed to have arisen as a result of, or in connection with, (i) any act
or omission, neglect, or wrongdoing of the City or any of its officers, agents, contractors,
representatives, guests, employees, invitees, or persons contracting with the City on or about
the Property occurring in connection with the City's exercise of its rights under this Agreement,
(ii) which may be claimed to have arisen as a result of, or in connection with, the access to the
Property granted to the City hereunder, or (iii) the City's failure to comply and conform with the
terms of this Agreement, or any law, statute, ordinance or regulation now or hereinafter in force
(including any amendments thereto). The foregoing indemnity shall be limited to and subject to
the extent and limitations for the City's liability as provided for in Florida Statute 768.28.
(c) The purchase of insurance coverage required by this Agreement, or
otherwise shall not relieve the City of any duties set forth in this paragraph.
8. Termination of Aareement. This Site Access and license Agreement shall
terminate upon the completion of the testing contemplated by the Plan, or upon reasonable prior
TPA#1613538,05
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written notice by SPJC, whichever shall first occur. Upon termination of this Agreement, City
shall, to the extent permitted by law, at City's sole cost and expense, cause all wells to be
abandoned and all equipment to be removed leaving the Property in good condition and repair,
and in accordance with all applicable rules and regulations. In the event that a well
abandonment is not permitted by law prior to termination of the Agreement, then the obligations
and covenants of City, under this paragraph shall survive termination of this Agreement, and
City shall remain liable hereunder until such wells have been abandoned or SPJC has, in
writing, waived its right to require City to abandon the wells.
9. Bindina Effect. This Agreement shall be binding upon the SPJC, City and their
respective successors and assigns, but this provision shall not be interpreted to permit City to
assign its rights hereunder.
10. Counterparts. This Agreement may be executed in any number of counterparts,
all of which together shall constitute one and the same instrument; any party or signatory hereto
may execute this Agreement by signing any such counterpart. Delivery of a facsimile of an
executed copy of this Agreement shall be effective to bind the executing party. Each party so
executing this Agreement shall promptly deliver an original executed counterpart to the other
signatories.
11. Data Deliverv. City agrees to provide to SPJC a copy of all field and testing data
and reports derived from City's work on the Property or adjacent properties as soon as it is
available.
12. Prevailina Party. In any action, suit or proceeding to enforce, defend or interpret
either party's rights under the terms of this agreement or to collect any amounts due hereunder,
the prevailing party shall be entitled to recover all costs and expenses incurred in enforcing,
defending or interpreting its rights hereunder, including, but not limited to, all collection and court
costs, and all attorneys' and paralegal fees, whether incurred out of court, at trial, on appeal, or
in bankruptcy proceedings.
13. Notice. Any notice, request, demand, approval, consent or other communication
which SPJC or City may be required or permitted to give to the other party shall be in writing
and shall be delivered in person or by expedited mail service or mailed to the other party by
certified mail, return receipt requested, at the following addresses:
TPA#1613538,05
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EXHIBIT "E" Page 7 of 8
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If to SPJC: Ms. Susan Reiter, Director of Facilities Planning
Ms. Anna Gillman, Safety and Envtl. Services
St. Petersburg Junior College
P.O. Box 13489
St. Petersburg FL 33733-3489
Phone: (727) 341-3314
Fax: (727) 341-3366
with copy to: David Thomas Henniger, Esquire
College Attorney
St. Petersburg Junior
P.O. Box 13489
St. Petersburg FL 33733-3489
Phone: (727) 341-3259
Fax: (727)341-3366
and Laurel Lockett, Esquire
Carlton Fields
One Harbor Place
Tampa FL 33602
Phone: (813)229-4139
Fax: (813) 229-4133
If to City: Ms. Karma Killian
City of Clearwater
P.o. Box 4748
Clearwater, FL 33758-4748
Phone: (727) 562-4745
Fax: ( n. /) :, b L 4 / :,:,
with copy to: Pam Akin, Esquire, City Attorney
City of Clearwater
P.O. Box 4748
Clearwater FL 33758
Phone: (727)562-4010
Fax: (727) 562-4021
and William L. Pence, Esquire
255 S. Orange Avenue
Orlando, Florida 32801
Phone: (407) 419-8548
Fax: (407)843-6610
or to such other address as either party shall have designated by notice to the other; and the
time of the rendition of such notices by mail shall be when same is received or when delivery is
attempted.
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EXHIBIT "E" Page 8 of 8
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IN WITNESS WHEREOF, the SPJC and City have caused this Agreement to be
&:~)d~
DISTRICT BOARD OF TRUSTEES OF
ST. PETERSBURG JUNIOR COLLEGE, FLORIDA
BY:
Witnesses to the COLLEGE:
Carl
Colle resident & Secreta
District Board of Trustees
Date: 7/,QI/rm
.
CITY ~WATER
BY: ~~-:rr
Print Name: William B. Horne, II
Interim City Manager
14dJ1:form
P m Ai.keft A 1< I /V
City Attorney
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C:--.
E. Goudeau
k
(Affix Corporate Seal)
State of Florida
County of Pinellas \11111111'
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The foregoing instru ~~~~ before me th$U_ day of , 2000 by C'![LM. Kuttler, Jr. College President and
Secretary to the D~ict. ~M"~tee~f the St. Petersburg Juni olleg Florida, who [J,tIS personally known U has produced a
Driver's License a~eQft !\11t\? <C!~... ~ Q,J ~ '
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~~'. /; 80n !\\ ...~. Printed Name: Jlal'n eJa...
~~)-i':':"'a~~~~"~~.$' My Commission Expires:
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County of Pinellas
The foregoing instrument was aCknOwledg~re me this c2S ~ay of ~~ i4:.
Commissioner of the City of Clearwater an . f ;~... 8 .. J.+~~J' II ; M.
.::r.I3. Xl.,. Sb 11 .gr-
, 2000 by Mr. Brian J. Aungst, Mayor-
, City Manager of the City of Clearwater
, who ~re personally known or [
] has produced a Driver's License as identification,
[Notary Seal]
Notary Public C ~ 11 ...
Printed Name: ~. -, ~
My Commission Expires:
NOTARY PUBLIC - STATE OF FlORIl>>.
CAROLYN L BRINK
COMMISSl0111 . CC834678
EXP" :: 5/2212003
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TPA#1613S38,QS
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ITY OF CLEARWATER
EXHIBIT "A" Page 1 of 14 ,
POST OFFICE Box 4748, CLL~R\V,m:R, FLORIDA 33758-4748
TELEPHONE (727) 562-4750 F\X (727) 562-4755
PUBLIC WORKS
ADMINISTRATION
June 28, 2000
SAFETY & ENVIRONMENTAL
SERVICES
Ms. Anna Gillman
St. Petersburg Junior College
8580 66th Street North
Pinellas Park, FL 33781
Re:
Additional revisions to May 25, 2000 Response Letter
SPJC Joe DiMaggio Sports Complex
Clearwater Campus
Dear Ms. Gillman:
This letter is in response to several additional comments made by the College in your
letter dated June 20, 2000, which was in response to the City's June 13, 2000 letter,
New comments are printed in red, and comments from the June 13, 2000 letter which
were approved by the College, have been incorporated into this response,
General Comments:
1. Please explain provisions to be taken to avoid impacting utilities and hazardous materials
and a contingency plan if they are encountered
The purpose of this study is to determine if hazardous materials have impacted the
subject site. As such, we have no ''provision'' to "avoid impacting hazardous
materials". Any materials that appear hazardous (either by visual interpretation, OVA
reading or odor) will be securely containerized in secured DOT approved drums or
securely covered roll-offs, and labeled as hazardous materials until such time that
analytical testing determines final disposition of the material.
On AprilS, 2000 (2:30- 4:30 PM), the following persons attended an on-site meeting
Karma Killian - City of Cleanvater Brett Gardner - City of Cleanvater
Anna Gillman - SP JC Dennis Hill- SP JC
Steve Howarth, PE - TBE Dana Kress - TBE
0,,1' CITY, 0,,1' fLTL'RE,
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ED HOOPER, VICE ~l\YOR-C().\I.II[S'IU\E~
ED HART, CO:\I:>\l5510'\EI;
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EXHIBIT "A" Page 2 of 14
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2
Ms. Anna Gillman
St. Petersburg Jr. College
At this meeting, the locations of underlying utilities including electrical lines, water
lines, irrigation piping and storm sewer piping were thoroughly discussed. While on
site, SP JC personnel pointed out all known underground utility locations, which were
noted on a detailed aerial photograph by Dana Kress with TBE. Prior to beginning
anyon-site activities, another meeting involving all interested parties will be requested
to re-confirm utility locations. Using this information, along with information
provided by utility locators and City personnel familiar with the history of the site, TBE
and its contractors will take every precaution to avoid "impacting utilities". During
drilling activities, the initial 3-4 feet of each boring will be done with a post hole digger,
by hand. Any impacted utilities will be repaired by City personnel as quickly as
possible.
2. Please explain how the clay landfill cap will be repaired whenever it is penetrated.
Although the City of Clearwater has been presented no written confirmation by SP JC
and has seen no evidence that a clay cap was placed over the landfill, grouting the
borings and monitoring wells should provide an adequate seal. In addition, the
FDEP Southwest District Office does not consider the introduction of monitoring wells
and soil borings for the purpose of conducting a subsurface investigation a disturbance
to a landfill (see attached 06/27 E-mail messagefrom TBE).
3. Please explain what provisions and contingencies will be in place to ensure site security
(and public protection) during the field work and when any equipment or waste is being
stored onsite?
During field work, the public will be denied access to the work areas by stakes &
caution tape. Equipment used on site shall be secured during non-working hours and
temporarily stored away from normal traffic areas. All waste materials generated from
site activities must be temporarily stored on-site. The waste will be stored in secured
containers, properly labeled, away from normal traffic areas, and in a location to be
agreed upon by SP JC and City personnel.
4. Please provide the health and safety plan to be used for this work. Does it address the
personnel performing the fieldwork, non-field personnel who may be nearby (e.g.: the
site is routinely used by the public), etc.?
TBE uses a Written Comprehensive Safety Program which includes a Generic Health & Safety
Plan for TBE personnel and sub-contractors. A copy of the written Plan will be provided to
SPJC prior to the start of work. It does not cover non-field personnel who may be "nearby' as
stated above. A kick-off safety meeting will be conducted prior to beginning work. Each
morning, tail-gait safety meetings will be held prior to starting the day's activities.
Access to the work area will be restricted by stakes and caution tape. It is also anticipated that
most scheduled activities at the site will be temporarily relocated or postponed during the
ongoing assessment activities, limiting public access.
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Ms. Anna Gillman
St. Petersburg Jr. College
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EXHIBIT "A" Page 3 of 14
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3
5. Please provide a statement that all sampling and analysis work will be done in accordance
with an FDEP-approved CompQAP.
This statement appears in the TBE Work Order on page 2 under Groundwater
Sampling/Analysis, and again under Soil Investigation/Disposal Characterization.
6. Please delete all references to the Ground-Penetrating Radar Survey. This work has been
completed and is not pertinent to the proposed scope of work.
Reference to the Ground Penetrating Radar Survey is pertinent to our agreement with
Tampa Bay Engineering, and shall remain in the Work Order as a completed task.
7. Please provide a map showing approximate locations of exploratory auger borings and
temporary groundwater monitoring wells.
As this map would only be required if the project and TBE Work Order is approved by
the City Commission and a Right of Access Agreement is approved by both parties,
TBE has not been given authorization to proceed. Only after a Purchase Order is
issued and Right of Access is received, will TBE be instructed to begin work on this
project. At that time, a map will be prepared showing intended soil boring and monitor
well locations. The College will be provided with a copy of this map 5 business days
prior to the start of field work.
Specific Comments for Exploratory Augers:
1. Please indicate lithologic sampling will proceed throughout drilling to help ensure that
the clay confining unit beneath the landfill is not fully penetrated.
A well drilling log from an irrigation well installed on the property in 1995 and
provided by SP JC is referenced in the TBE Phase I Environmental Assessment Report
dated January 21,2000. Based on the well drilling log, there appears to be a gray clay
layer extending from approximately 30 to 50 feet bls, with a green clay extending from
50 to 80 feet bls. This identifies the existence of a clay layer extending from
approximately 30 feet down to 80 feet bls.
As stated in the TBE Work Order, the wells are scheduled to be installed to a depth of
15' to 25' bls. As such, the wells will be installed no deeper than 15' to 25' or to the
top of the confining clay layer underlying the landfill.
2. Please confirm that all encountered materials will be visually classified and photos of
notable features will be taken and provided.
Confirmed.
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Ms. Anna Gillman
St. Petersburg Jr. College
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EXHIBIT "A" Page 4 of 14
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3. Please specify how borings will be backfilled and what type of grout mixture will be
used. For example, pressure grouting from the bottom of the boring with a tremie could
be used. Note that concern has been voiced by the City that the result of grouting the
upper portion of the borings could leave a grout plug sticking up which could be a
physical hazard to ball players, etc.
All borings will be pressure grouted from the bottom of the boring with a tremie, and
will be grouted to within 12" to 18" of the surface. While grout sets up (overnight),
each location will be secured with stakes & caution tape. The borings will be
compacted with fill material (bentonite or compacted clean soil) and finished to
original surface condition each morning by City of Clearwater personnel familiar with
repairing the playing fields. No borings will be left open or unmarked overnight.
Specific Comments on OV A and Visual Evaluation:
1. Please cite the procedure and equipment to be used for OVA screening.
OVA readings will be taken according to TBE's FDEP approved CompQAP using
approved and properly calibrated equipment.
Specific Comments for Ground Water Monitoring Well Installations:
1. Please indicate what will be done to prevent physical hazards (e.g.: a trip hazard) due to
the presence of the installed monitoring wells.
Only three wells are scheduled to be installed within the perimeter of the playing fields
or parking lot. Although well locations are still to be determined, every attempt will be
made to install the wells out of traffic areas. Any wells installed in playing or traffic
areas will be finished below grade & covered with dirt and sod so as not to cause a trip
hazard.
2. Please confirm that wells being installed around the perimeter will be installed outside of
any identified waste.
The objective of the perimeter well installation is to install the wells outside the
boundaries of the landfilL Wells may be placed in the City right-of-way, depending
upon our findings during boring activities.
3. Please indicate what the construction details will be for the wells to be installed in the
interior of the site. Installation of the associated well screens immediately adjacent to
landfill waste may not yield representative groundwater quality data.
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Ms. Anna Gillman
St. Petersburg Jr. College
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EXHIBIT "A" Page 5 of 14
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As indicated in item # 1, we anticipate installing only 3 wells on the playing fields after
evaluating data collected from the soil borings. While we understand your concern
that groundwater analytical results may represent a leachate sample and not a
representative groundwater sample, we are limited to the number of samples we will be
collecting. Therefore, any "hit" on the OVA or visual observation will influence our
final decision as to monitoring well locations regardless of whether a "hit" or visual
confirmation appears to be inside or outside of a landfill cell. Well construction
(depth and screening) details will vary, and will depend on evaluation of the soil boring
log details.
4. Please specify what the schedule will be for abandonment of these wells and how will
they be abandoned?
The wells will be abandoned within 10 days of installation, if the City is satisfied with
the results of the groundwater sampling. If the wells are to remain over 10 days, they
will be properly permitted through the Southwest Florida Water Management District
(SWFWMD in accordance with their rules. See Specific Comments for Exploratorv
AUJ!ers - Item #3 for well abandonment (grouting) procedures.
Specific Comments for Groundwater Sampling/Analysis:
1. Please indicate that turbidity and dissolved oxygen readings will also be recorded during
purging and used to ensure stabilization has occurred and that wells have been
sufficiently developed.
Turbidity, pH, Conductivity and temperature will be measured in the field to verify that
wells have been property developed and stabilized prior to sampling. As agreed upon
in the June 1st meeting, DO will be performed in the laboratory as originally stated in
Groundwater SamDlin1!/Analvsis, page 2.
2. Other parameters besides metals maybe sampled with low flow sampling techniques;
please indicate that these techniques will be used where-ever allowed by the FDEP (and
indicate when they will be used). Please also indicate that turbidity of sample water will
be recorded.
TBE indicates that only metals will be sampled with low flow sampling techniques.
3. Please specify what compounds will be analyzed for using the referenced EPA Methods
and what EP A Methods will be used to analyze the constituents which are not listed with
an associated EP A Method.
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Ms. Anna Gillman
St. Petersburg Jr. College
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EXHIBIT "A" Page 6 of 14
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For listed EPA methods, all compounds will be analyzed for. For those constituents
which do not have a listed EPA method, methods approved by the EPA will be used.
4. Please address how it will be ensured that holding times will not be exceeded if a
decision is made to analyze held samples; will expedited analyses be requested for
unfiltered samples to ensure that there will be enough time to run filtered samples if
necessary?
Holding times will not be exceeded through customary protocol.
5. Due to the nature of this site, and the associated unknowns, we suggest that all
investigation derived waste (e.g.: soil/debris, purge/development water, etc.) generated
from all fieldwork activities should be contained and properly disposed offsite. Please
revise the work scope accordingly.
All debris and purge/development water will be containerized and stored on site,
pending receipt of analytical results. Once analysis is received, off-site disposal will be
arranged. The City of Clearwater will take ownership of all waste transported off-site
for disposal, by signing as Generator on all Manifests and Bill's of Lading.
6. Please address: wherelhow will investigation derived waste be staged and secured onsite?
How long will it be stored?
Storage locations were discussed during an on-site on March 8, 2000 and again on
Wednesday, May 24, 2000. Waste will be securely stored until laboratory results are
received and proper disposal is arranged. Although laboratory results will dictate the
method of disposal, it is anticipated that no waste will remain on site more than three
(3) weeks after analytical results are received.
7. Please provide the construction details for the vapor probes. What will be done to prevent
physical hazards (e.g.: a trip hazard) due to the presence of the installed probes? When
will they be removed?
Although some probes may be installed above grade, those in areas of pedestrian traffic
will be installed below grade, and covered to eliminate any trip hazards. The probes
will be removed within 5 days of completion of sampling.
8. Please provide details on how methane levels will be measured (equipment to be used,
etc.).
Typical methane studies are ongoing, but to meet City of Clearwater time constrains,
TBE has presented an abbreviated approach in their scope of work - see Methane
Study section, page 2. A Methane-Only meter will be used, and all measurements will
~
Ms. Anna Gillman
St. Petersburg Jr. College
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EXBIHIT "A" Page 7 of 14
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7
be taken in accordance with standard protocol and equipment manufacturers'
specifications.
I trust that these new clarifications will meet with your approval. Should you have any
questions or require additional clarification or information, please contact me at (727)
562-4745.
Respectfully submitted,
~:E~~
Karma A. Killian
Environmental Specialist Supervisor
Attachment
cc: Keith Ashby, Director, General Support Services, City of Clearwater
Alicia Farrell, General Support Services
10hn Carassas, Assistant City Attorney, City of Clearwater
Mike Quillen, PE, Director of Engineering, City of Clearwater
William 1. Pence, Esquire, Akerman, Senterfit & Eidson, P A
Steve Howarth, PE, Project Manager, Tampa Bay Engineering
File
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EXHIBIT "A" Page 8 of 14
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killian, Karma
From:
Sent:
To:
Subject:
Steve Howarth [showarth@tbegrp.com]
Tuesday, June 27,20003:00 PM
Karma Killian (E-mail)
Joe DeMaggio Fields Environmental Assessment
I spoke with Steve Morgan with the FDEP Southwest District Solid Waste Division (813-744-6100 ext 385) today
regarding our questions on landfill sampling activities. The actual site name and location was not discussed.
Mr. Morgan indicates temporary borehole drilling and well installations for investigative sampling would not constitute
reopening a landfill. However, the holes must be properly abondoned, Proper abandonment includes filling each hole
with grout.
If you have any questions, please call. Mr. Morgan also indicated he may be contacted with further questions.
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PAGE 02
ENGINEERS
PlANNERS
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TAMPA SAT ENGINEfRING.INC. A mE GROUP COMPANY
"Quality By DesignJ
July 10, 2000
rn
Ms, Marty Pages
Administrative ~a1yst
City of aearwatef
100 South Myrtle Avenue, Suite 220
Qearwater, FL 33756
!
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j-Alll3ID
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rn
em Of ClEARWAT{R
PUBliC KS ADMINISTRATION
RE: Work Order Initiation Form
SPJC Drew Street / Joe Demajio Fields Suitability Study
Change-Order No.2
I
Dear Ms. Pages: :
, ,
TBE is pleased t@ submit two original Work Order Initiation Forms for the above project.
TBB is committed to performing these services upon receipt of the City's approved purchase
order.
Based upon me~tings with the St. Petersburg Junior College, the City has requested
sequencing the previously approved work order tasks over five stages. This change-order No.2
clarifies the staging schedule and provides additional costs associated with separate field
events.
If you have any q~estions, please contact the undersigned at n7-531-3505. We look fOIward to
working with youion this very important project.
Sincerely,
TAMPA BAY ENGINEERING, INe.
~~1t----
Steven P. Howar1h, PE
Director
Enclosures: Wor~ Order Initiation Forms (2)
cc: Michael O. Quillen, PE, City of Clearwater, w/enc1osure
Karma Killian, City of Oearwater, w/enclosure
Peggy Keith, TBE
J:IDOC::MNV.GEN\S5t.\Qw.WIF.wpd
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EXHIBIT "A" Page 10 of 14
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ENGINEERS
PlANNERS
"Quality By Design"
.
TAMPA IJA'f fHGIMEIUNG,WC. A TBE GROUP COMPANY
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
TBE WORK ORDER INITIATION FORM
City of Clearwater SPJC Drew Street Property Site Suitability Study (Change-Order #2)
Date: July 10,2000
City Project No. BF3-050400
TBE Project No. 00083-045-01
1. PROJECT TITLE
SPJC Drew Street Property Site Suitability Study
2. SCOPE OF WORK
The purpose of this change-order is to revise the scope of work required to complete an investigation
of the fonner landfill property located on Drew Street currently owned by the St. Petersburg Junior
College (SFJC). This study is limited to those elements agreed upon by City and SPJC
representatives and their legal council. The notation "(completed)" indicates that task has been
completed as of the date ofthis revised proposal.
Based upon meetings with the St. Petersburg Junior College, the Oty has requested sequencing
the previously approved work order tasks over five stages. This change-order No.2 clarifies the
staging schedule and provides additional costs associated with separate field events.
STAGING !OF ACTIVITIES
Stage 1: Ground-Penetrating Radar (completed}
Ground-Penetrating Radar Study (completed) - TBE will conduct a GPR field
investigation of suspect areas identified by the historical evaluation. TIle investigation will
incllude establishing a grid baseline, conducting the GPR study, interpreting data in the field,
and providing a more detailed office interpretation if necessary. It is suspected significant
field decisions will be made regarding the extent and detail of the GPR study. Daily costs
incllude a TBE geologist, a TBE environmental technician, TBE GPR equipment and
sampling vehicle
Stage 2: A:ugers and Soil Investigation
Exploratory Augers - TBE will coordinate exploratory augers (estimate 45 total) to help
classify subsurface landfill materials. An 8 to 12-inch flight-auger will be used and extended
to the apparent deeper clay layer at a depth of approximately 1 S to 25 feet below land
surface. Materials will be visually classified and observed for evidence of hazardous
sub3tances. Auger borings will be backfilled with groutlflowable fill to land surface. This
proposal does not include re-sodding.
During exploratory auger activities, a TBE technician will conduct Organic Vapor Analysis
(OVA) screening of recovered soils. Both charcoal filtered and unfiltered readings will be
taken. Results will be provided to the City in a summary table.
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SOili Investigation/Disposal Characterization - During auger borings, lBE will collect
soilJ,debris samples in accordance with our CompQAP procedures. Up to six samples will be
transported to a FDEP-approved laboratory for full TCLP analysis via EP A methods
131111312.
SoiiVDebris DispoJaI- All soil and debris materiaLs removed during exploratory borings,
andimonitoring well installations will be tr211sferred with a bobcat loader to 15 cy roll-off
containers. No removed ma.terial win be returned to the borings. Roll-offs will be
transported with the materials to Clwnbers Industrial Waste Landfill in m:eechobee,
Florricla. This scope estimates 25 tons of material will require disposaL
Stage 3: P~riDJeter Groundwater Investigation
Groundwater Monitoring Well Installations. TBE will install six temporary groundwater
monitoring wells using a mechanical drill rig. Three wells will be installed along the
nor1lhern property perimeter and three wells will be installed along the eastern property
perimeter. Exact locations will be determined with City staff during field operations. The
wells will be constructed of2-inch schedule 40 PVC with a surrounding sand pack. Wells
wilb be installed to the depth of the deeper clay layer estimated to be approximately 1 S to 2S
feetibls and screened from approximately one foot above the water table to the well depth.
FoIiowing installation, wells will be developed in accordance withspecljic comments for
gro'U!Jdwater sC!mplingltl1lalysis on ?age tivc of the City's response letter to SPJC dated June
28, 2000.
Groundwater Gradi9nt EvalnatilJu: Each well casing elevation will be surveyed against an
arbitrary benchmark and depth to water recorded with a probe. From this and ~ubsequent
interior well data, a relative groundwater elevation will be computed and data campared to
identify a probable groundwater flow di~ion.
Groundwater Sampling/Analysis: A minimum of24 hours after well installc:tions, TBE
will collect groundwater samples from each well in accordance with our FDEP-approved
Comprehensive Quality Assurance Plan (CompQAP). Each well will be purged a minimum
of 1!hree well volumes until pH, temperature, and conductivity stabilize prior to sample
colJiection. Metals samples will be collected with a low-flow peristaltic pump and other
parameters will be collected with a. preclea!led teflon bailer.
i
Groundwater sample!l will be transported to a~ FDEP-approved laboratory for analysis per
EP A methods 8260. 8270, Sb, As, Da, Ee, Cr, Cd, Co, Cu, Pb, Hg, Ni, Se, Ag, TI, So, V, Zn,
smn, 8151, S 141, sulfide, cyal!ide, DO, Turbidity, Amillonia, Chloride, Iron, Sodium, IDS,
pH~ Conductivity, and Tem9cntll."C. !Jot!'!. filtered and unfiltered metals sam,ple will be
collected. Unfiltered samples wilt be ;lnal)'zed and filtered samples will be pla;~ed on hoid
and run if total analysis exce'?ds ~~Je't(lry tQ.rg5ts.
Stage 4: Interior Groundwate!" mvectie9tiO!!. and Ml!thane Study
Groundwater Monitoring Well InstallatioD! - TBE will install three temporary
gro!JDdwater rnonitorhlg wells using l!. rnecr anjcal drill rig. The wells will be installed in the
jnt~rior of the site. Exact locations will be determined with City staff during field
operations. The wells will be constructed of2~inch schedule 40 PVC with a surrounding
sand pack. Wells will be installed to the depth of the deeper clay layer estimated to be
approximately 15 to 25 feet hIs l!.nd screened from approximateLy one foot above the water
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JulIO, 2000
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EXHIBIT "A" Page 12 of 14
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table to the well depth. Following installatibn, wells will be developed in accordance with
spec,ific comments for groundwater sampling/analysis on page five of the City's response
letter to SPJC dated June 28, 2000. .:
Groundwater Gradient Evaluation: Each well casing elevation will be surveyed against an
arbitrary benchmark and depth to water recorded with a probe. From this and previous
perimeter well data, a relative groundwater elevation will be computed and data compared to
idenitify a probable groundwater flow direction.
GrOlUndwater Sampling/Analysis: A minimum of24 hours after well installations, TBE
will collect groundwater samples from each well in accordance with our FDEP-approved
Comprehensive Quality Assurance Plan (CompQAP). Each well will be purged a minimum
of three well volumes until pH, temperature, and conductivity stabilize prior to sample
collection. Metals samples will be collected with a low-flow peristaltic pump and other
parameters will be collected with aprecleaned teflon bailer.
Groundwater samples will betranspoIted to an FDEP-approved laboratory for analysis per
EP A methods 8260, 8270, Sb, A<;, Ba, B~, Cr, Cd, Co, Cu, Pb, Hg, Ni, Se, Ag, TI, Sn, V, Zn,
8081, 815 I, 8141, sulfide, cyanide, DO, Turbidity, Ammonia, Chloride, Iron, Sodium, IDS,
pH, Conductivity, and Tempereture. Both filtered and unfiltered metals sample will be
collected. Unfiltered stl.mples will be enalyzed and filtered samples will be pla"ed 011 hold
and run if total analysis ex.ceeds re8ulatory 'QlIgets.
Methane Study - TBE will coordinate installation of vapor probes with a geoprobe. The
probes will consist of 1 " slotted PVC with a surrounding sand pack and bentonite seal. On
two separate days (immediately following installation and oneweek later), a technician will
moItitor Methane and percent lower explosive limit at each probe. Results will be tabulated
and compared to State and Federal guidelines.
Stage 5: Reporting
Site. Suitability Report - TBE will compil:::: the above information into a brief summary
report outlining methodologies ~")cl. fmcling~. TBE will also evaluate site suitability for
development by comparisol1of d2tll. to ap'pl~,:,:!ble guidelines (FDEP and F AC). This does
not include a fonn2.1 risk. ~s"ss~'!!('nt ot !r:~~~eU.ng t:!Sks.
3. PROJECT GOALS
The purpose of this project is to provid~ a site suit~bi!ity report based upon potential environmental
impacts of this project.
4. BUDGET (See Attachment "A")
5. SCHEDULE
day 1-12:
day 22:
day 22-36:
day 37-44:
day 54:
day 54-68:
Exploratory Augers and soil investigation
Soil analytical available
Data Evaluation by Client
Perimeter weB in~taJ\!.'.~!~~t 'T..d s<.t"1:?l'j:l~
Grm!!'.dwC'.t~r ~".o!yti~r-,i ~v'::i~~b!?' ,
;Oet~~ F~'~~~~~i:€'~~~ ~\:; C~.~~~!~{:
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Jul 10, 2000
Page 4
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EXHIBIT "A" Page 13 of 14
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day 69-76: Interior well installation and samp1i11g
day 69-83: Methane Study :. i ;
day 86: Groundwater analytical and methane results available
day 87-108:i DraftReportandCostEst~ate "
Final Repo~ will be due within 30 days of receipt of comments from City
The above s~hedule is approximate. TBE will attemPt to follow the above schedule but the schedule
may be m04fied if unforeseen weather or subsurface conditions are encountered.
6. TBE STAFf ASSIGNMENTS
;
Project Manager-
Sr. Project Geologist -
Project Engilneer -
Senior FieldlTechnician-
AdministrativeITech Writer -
Steven P _ Howarth, PE
Rick Hagberg, PO
Greg Shultz
Dana Kress
Shawn LaSseter
532-8233 ext/429
,
7. CORRESPONDENCEIREPORTING PROCED1]RES
Correspond4nce shall be sent to Kanna Killian and Bill Pence (Akerman, Senterfitt, et. :d.) with
copies sent to Thomas Miller and Michael D. Quillen, PE.
8. INVOICINGIFUNDING PROCEDURES
The budget for this chanp;e-order is a maximum of $ 4,618_00 based on unit rates listed on
Attachment ~'A". Invoicing Method A, Cost Times MuLtiplier shall be used.
City Invoic.ng Code:
9. SPECIAL <pONSIDERATIONS
Successful collection of interpretable GPR li-it3 ~SSlL.rnes highly resistive, low conductivity soils (i.e.
no significa,t clays, especially saturated). A ch.y cap 0.0 the landfill may not allow for, sufficient
penetration of the radar energy. and may result in' unusabJe data. Significant Subsulface areas
containing target objects may not be distinguishable if sl!..1l'Ounded by a large amount of other buried
objects. Objects buried beneath the groundwater table may not be distinguishable due to less than
sufficient i11~ination by radar energy.
10. PROJECT ~OMPLETION REPORT
TBE will prcilvide the City a written site suitability report
APPROVED BY:
PREPARED BY:
CITY
I
Michael D. Quillen, PE
Director of Engineering
Date
TR'E
__4'~ If/-
.
St~.Jen P. Howarth, PE
Dir(?ctor
Date ? -Io-~
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EXHIBIT "A" Page 14 of 14
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U Port_la. C3raundwalor Samalinllw Anolwlo
A- abo,. rleld S:amDUnalProleot NlINIoamoriUB." coa..s. 2 8 3 l' 2 ~ $2,007
g, ...._ LlIb taub~ &...111 Su SCD"'" 0 55,718
C. E1l1l1o",. ~Ina S""or... .Ie. 0 HOD
D, Field SamaHno VolIIole, EelUlOm""" .1lI. . .100
'......101 D 2 . I 1. 2 29 SloW
4.1 Inlall8. M...,II""Nl IN8llln.lollo.icm
A. Lobor. Fi.1d OverolllllPMlSub caans. 2 I , I. 21 Sl471l
E1, D~lDno taub Inalalla.on 0'3 Welle x'O R. 0 11.1130
C. Direct ExDltnsf!II.s: OVA, Veftlalli, etl1. 0 $300
SublD..1 0 a I 5 10 0 2t IS,....
42 In....... E'_lIon 8u"",,\/ of Wolle
A. Labllf I I ~ . J:!l4
a, eo.; ",.nl Renlal - Lobar '150
C, 0,",01 E%D0flSU 0 sea
sublal3l 0 1 1 D ,1 0 S sa54
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A. Lebor. FI.kI Man"-IISub, Coon!. Z & 3 10 2 23 '1,1!77
a, AnalvIic:el Lab Sub'::I welle ISo. 5"",",1 0 12 859
C, g"j...., SImIlInI SuDDII... lie. 0 noD
C, FleId~Vehid.. ~_.IG. 0 S100
_I 0 I I I 10 2 21 ...~
4.4 ~IM SIIIdy
A. ~. FI8Id 0...- encI __ Man""""'-' 2 4 20 211 11.740
B. 5ImoIa _1..1lI_ C18ollllll18 r_:30 ror2 "--... SI 500/-' 0 S3.llOO
C. Probe SwngIiI\lJ' Labor 1 . 2 10 17 &1.202
8u_0I a s . 2 20 a OJ RUa
5 !lll1a _aonlEn_rtna
AnaIyei. end SulIBJlt\' R_~ 10 za 110 10 10 115 58.105
Sublow 0 Z . 0 10 10 1. SUOS
Mi.e Mi.oollaneaWl
A. FkIld _aolUdPlw Celani ,.. e\C.\ 10 10 1 1 2 24 U.4GO
8. Mo.1ingo wi" CItY I , 2 18 $1.180
SublD"" 0 " 16 a ,1 : 411 14,080
Con'"' Flelcl Comlngenolu .
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$38,'10,00
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