ENVIRONMENTAL ASSESSMENT RIGHT OF ENTRY
ENVIRONMENTAL ASSESSMENT
RIGHT OF ENTRY
City of Clearwater Public Works Administration
Environmental & Stormwater Management
PO Box 4748
Clearwater, FL 33758-4748
(727) 562-4745
This Right of Entry is intended to provide an agreement between the City of Clearwater (hereinafter "City") and it's
representatives and the owner/operator (hereinafter "Owner") of property located at 2406 Drew Street, Clearwater, FL
(hereinafter "Property"), in order to perform environmental assessment activities. These environmental assessment activities
are required as part of the City's customary pre-acquisition due diligence, and cannot be completed without entry to the
"Property".
SITE TO BE ACCESSED
Owner's Name:
St. Petersbura Colleae
PO Box 13489
St. Petersbura. FL 33733
Address:
Legal Description: A Parcel of land Ivina within the Southwest 14 of the Southeast 14 of Section 7. Township 29 South. Ranae 16
East. Pinellas Countv. Florida and beina further described as follows: Commence at the Southwest corner of the
Southeast 14 of said Section 7: thence alona the west line of said Southeast 14 NOoo41 '47"E. for 50.00 feet to the north
ROW line of Drew Street: and also beina the POINT OF BEGINNING: thence continue alona said line NOoo41 '47"E.
for 435.00 feet: thence leavina said line. S89040'19"E. for 542.36 feet: thence SOoo41'47"W. for 435.00 feet to the
north ROW line of Drew Street: thence alona said ROW line N89040'19"W. for 542.36 feet to the POINT OF
BEGINNING. Containina 235.927 Sauare feet or 5.42 acres. mol
CONTRACTOR/CONTRACTOR INFORMATION
Contractor/Contractor Name:
Phone:
TBE Group. Inc.
Grea Schultz
380 Park Place Blvd.. Suite 300
Clearwater. FL 33759
(727) 531-3505
(727) 539-8584
Contact Name:
Address:
FAX:
CONTAMINANT SOURCE PROPERTY REQUIRING ASSESSMENT AND/OR REMEDIATION
Site Name:
Joe DiMaaaio Sports Complex
Address:
2406 Drew Street
Property Owner:
Clearwater. FL
St. Petersbura Colleae
Anna Gillman (727) 341-3314
N/A
Contact Name:
FDEP Facility ID #
THIS RIGHT OF ENTRY IS SUBJECT TO ALL OF THE FOLLOWING TERMS AND CONDITIONS:
OO'-!IO~O ~
TERMS AND CONDITIONS
1. All activities to be performed on the "Property" under this Right of Entry shall be limited to activities required to
meet environmental due diligence associated with property acquisition.
2. All assessment activities to be performed under this Right of Entry will be approved by the City of Clearwater
Project Development and the Environment (PD&E) Group prior to commencement. A full description of activities
to be performed, including diagrams and locations of proposed work efforts on the "Property", shall be provided
to the "Owner" prior to commencement.
3. 48 hours notice shall be given to the "Property" owner by the City Project Manager prior to the initiation of any
subsurface monitoring or testing activities, or the installation or removal of any monitor wells or equipment.
4. An attempt will be made to conduct assessment activities in a manner that will not interfere with daily operations
on the "Property".
5. The City Contractor shall conduct its activities in a manner so as to minimize damage to existing site conditions.
Any disturbance to existing conditions will be repaired, and if found to be unacceptable to the "Property" owner
shall be corrected to the satisfaction of the "Property" owner within 3 working days. The City or City's Contractor
shall be responsible for repairs to any utilities damaged due to activities conducted at the "Property".
6. The City Contractor shall observe any and all applicable local, state and federal safety, health and
environmental regulations.
7. All reports involving assessment activities conducted on the "Property" shall be available to the "Owner" for
review. The "Owner" may contact the City of Clearwater Project Manager, Karma Killian at (727) 562-4745 at
any time for access to reports.
8. Any waste materials, soil cuttings, hazardous materials or contaminants resulting from activities conducted
under this Right of Entry shall be the sole property of the City of Clearwater. Any materials which must be
transported and disposed of, will be securely stored on adjacent City owned property until transportation and
disposal can be arranged in accordance with all applicable local, state and federal laws, regulations and
ordinances. Copies of all waste disposal manifests resulting from assessment activities at the "Property" shall
be available to the "Owner" for review.
9. All tools, equipment, wells or other property of the City Contractor or its representatives shall be removed by the
Contractor within a reasonable time. Should the property remain under ownership of St. Petersburg College,
any monitor wells installed by the City Contractor or its representatives shall be properly abandoned in
accordance with rules established by the Southwest Florida Water Management District Chapter 40D-3.
10. The City shall provide written notice of project completion to the "Owner" within 30 days of completion.
PROPERTY
Trustees of St. Petersburg Colle e CITY OF CL2PfW A TER ~
Ignature:t'J~~
Signature:
Print Name: Carl .
William B. Horne. City Manaaer
APPROVED
~CONTENT
COLLEGE AlTORNEY
;;>j
Approved by ~fr ..
On: q ~ ~ 'I
CONTRACTOR - TBE Group Inc.
Signature: 4k:1Lr-
Print Name: S\-t.J~C'\ ~~c...\--\~ , ~E-
As6\~~ \t..CL ~...d~~
/'f~
Its:
WITNESS my hand and seal this
-[:
day of 4~A~'
,2004
Attest:
RIGHT OF ENTRY AGREEMENT
RE: Joe Dimaaaio Soorts Comolex - Gvmnasium
St. Petersburg College, being the legal owner of that real property, legally described as above written, by
and through the undersigned authority does hereby agree and stipulate as follows:
1) The City of Clearwater and its Contractor (to be determined), its employees, agents and designees,
are hereby granted the right and privilege of entry, ingress and egress over and across the above
described property known as Joe DiMaggio Sports Complex (Gymnasium) located at 2406 Drew
Street for the purpose of conducting soil and groundwater assessment activities to meet
environmental due diligence prior to property acquisition.
2) In consideration of the rights granted herein, the City of Clearwater and the City Contractor, its
employees, agents or designees, agree that all persons entering the property by virtue of the rights
herein granted shall do so at their own risk. The property "Owner" accepts no liability whatsoever for
any claims for injury or damages in connection with this Right of Entry.
3) The City Contractor agrees that it shall provide evidence of insurance coverage acceptable to Owner
prior to commencement. The City Contractor further agrees that, its employees, agents or
designees shall not engage in any activities that could result in any mechanics liens being filed
against the property.
4) The City of Clearwater and its Contractor agree to hold the property "Owner" harmless from any and
all claims for injury and all liability for property damages arising during, and in connection with all
activities undertaken by the City of Clearwater and its Contractor, its employees, agents or
designees pursuant to privileges granted herein; provided, however, that the City's indemnity shall be
subject to provisions of F.S. 768.28.
Board of Trustees of St. Petersburg College
PROPERTY OWNER
O~RWATER
Signatur. : ill ~~-::q.
Signature:
Print NameCar1 M. Kutt cr, Jr., College Presiden
S
Print Name: William B. Horne. City Manaaer
CONTRACTOR - TBE Group Inc.
Signature: ~4 HU--
Print Name: Sl.-UlI" \-\D~\ Q E
Its: ~~~\~\,.. \l..c.~ Q,o-o.J. ~t\,\-
APPROVED
AS TO fORM AND CONTENT
~EY
Approved by' /JAM-
On; q/)Ioi
. 'i\P-
WITNESS my hand aPd-seal this /
Attest: ~ E. A...... Q.. c.' .
ynthia E. Geudeau, City Clerk
daYOf~
,2004