SITE ACCESS AGREEMENT - 1707 FT HARRISON AVE NSITE ACCESS AGREEMENT
1. The Parties. The undersigned real property owner, CITY OF CLEARWATER, ( "Owner "),
hereby give(s) permission to the State of Florida, Department of Environmental Protection
( "Department ") and its Agency Term Contractor, subcontractors, and vendors ( "Contractor "),
to enter the Owner's property ( "the Property ") located at 1707 FT HARRISON AVE N ,
CLEARWATER 33755, FDEP Facility ID: 9201989.
2. The Property. Owner owns the certain parcel(s): 09 29 15 51192 000 0080 of real property
located at 1707 FT HARRISON AVE N, CLEARWATER Florida 33755 (the "Property "),
depicted on the attached legal description as Exhibit "A
3. Permissible Activities. This Site Access Agreement ( "Agreement ") is limited to
activities which may be performed by the Department or its Contractors pursuant to Chapter 62-
780, Florida Administrative Code (F.A.C.), without cost to the Owner (unless required in a
separate agreement) to locate contamination, determine contamination levels and, when
necessary, remove and remediate contamination which may be performed by the Department and
its Contractor. This access is provided only for the contamination either eligible for a state -
funded cleanup or is being investigated pursuant to a consent order with the Department. The
following activities are included in this Agreement but are not limited to this list:
• conduct soil, surface, subsurface, and groundwater investigations,
including but not limited to entry by a drill rig vehicle and/or support
vehicles;
• install and remove groundwater monitoring wells;
• use geophysical equipment;
• use an auger for collecting soil and sediment samples;
• locate existing wells;
• collect waste, soil, and water samples;
• remove, treat and/or dispose of contaminated soils and water;
• remove contaminated soil by digging with backhoes, large diameter augers
and similar equipment;
• install, operate, and remove remedial equipment;
• install and remove utility connections;
• trenching for connection of remediation wells to equipment; and
• conduct surveys, prepare site sketches, and take photographs.
4. Duration and Termination of Access. This Agreement is granted, without any fee or
charge to the Department or Contractor, for so long as is necessary to assess, remove, monitor
and remediate the contamination on the Property. Access shall be allowed for the Department
(including its employees and contracted site managers with Teams 5 and 6 or local government,
if applicable) immediately upon the execution of this Agreement. However, access for a
Contractor can be contingent upon the Owner timely entering into a separate site access
agreement with the Contractor (if the Owner wants a separate agreement with the Contractor
please check the appropriate box at the end of this document). Such agreement with a Contractor
is not binding upon the Department. This Agreement shall continue until the Department's entry
of a site rehabilitation completion order pursuant to Rule 62- 780.680, Florida Administrative
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Code, or low - scored site initiative no further action order pursuant to Section 376.3071(12)(b),
Florida Statutes ( "Order "). At which time the Owner shall be provided a copy of the Order and
this Agreement shall be automatically terminated.
5. Work Performed during Business Hours. The Department and Contractor may enter the
Property during normal business hours and may also make arrangements to enter the Property at
other times after agreement from the Owner.
6. Activities Comply with Applicable Laws. The Department and Contractor agree that any
and all work performed on the Property and in association with this Agreement shall be done in a
good, safe, workmanlike manner, and in accordance with applicable federal and state statutes,
rules and regulations.
7. Proper Disposal of Contaminated Media. The Department and Contractor shall ensure
that soil cuttings, any work materials, and water generated shall be disposed of in accordance
with Environmental Laws. All soil cuttings, waste materials and development water generated
shall be promptly removed from the Property.
8. Property Restoration. The Department shall pay the reasonable costs of restoring the
Property as nearly as practicable to the conditions which existed before activities associated with
contamination assessment or remedial action were taken.
9. Owner's Non - Interference. The Owner shall not interfere with the Department or
Contractor when performing the Permissible Activities. Owner shall not damage any equipment
including wells, piping, and remediation system that may be located on the Property. Owner
shall notify the Department 90 days prior to commencement of any construction, demolition or
other work on the Property that may damage or destroy any part of the equipment installed under
this Agreement. If the Department anticipates that the remediation equipment will not be used
for over one calendar year, the Owner can request removal of the remediation equipment if it is
interfering with the operation of the business or with planned construction activities.
10. Non - revocable. If Property is the source of the discharge that is eligible for State funded
remediation pursuant to Chapter 376, Florida Statutes, access to the Property is required and
Owner may not revoke this Agreement with the Department until the appropriate site
rehabilitation completion order is issued under Chapter 62- 780.680 or a low- scored site initiative
order issued pursuant to Section 376.3071(12)(b), Florida Statutes, is final.
11. No Admission. The granting of this Agreement by the Owner is not intended, nor should
it be construed, as an admission of liability on the part of the Owner for any contamination
discovered on the Property.
12. Owner's Use of Property. The Owner retains the right to use the Property, and the
Department and its Contractors will work with the Owner regarding minimizing activities that
may interfere with the Owner's management and use of the Property. However, neither the
Department nor the Contractor are responsible for any inconvenience, economic injury, or
business damage that Owner may suffer due to the performance of any Permissible Activity.
This agreement does not modify any legal right the parties may have regarding negligent acts.
13. Owner's Release of Claim. If Owner selected a qualified contractor (not an agency term
contractor), the Owner hereby releases the Department from any and all claims against the
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Department performed by the Owner's selected contractor arising from or by virtue of, the
Permissible Activities.
14. Injury to Department. The Owner shall not be liable for any injury, damage or loss on
the Property suffered by the Department, Department employees or Contractors not caused by
the negligence or intentional acts of the Owner's agents or employees.
15. Indemnification. The Department does not indemnify the Owner, see paragraph 16. The
Contractor has indemnified the Department. However, if the Owner chooses to enter into a
separate access agreement with the Contractor, the Contractor is not prohibited from
indemnifying Owner as long as such indemnification does not conflict with the Contractor's
indemnification of the Department. Where no conflicts exist, any subsequent indemnification by
the Contractor to any party associated with the Permissible Activities is subservient and
subordinate to the Contractor's indemnification of the Department.
16. Sovereign Immunity. The Department acknowledges and accepts its responsibility under
applicable law (Section 768.28, Florida Statutes) for damages caused by the acts of its employees
while on the Property.
17. Public Records. All documents created or received associated with the Permissible
activities are a public record pursuant to Chapter 119, Florida Statutes. The Owner may retrieve
any documents or other information related to the Permissible Activities online using the facility
number reference above. http: / /depedms.dep. state. fl .us /Oculus /servlet/login ?action =login
18. Entire Agreement. This Agreement shall constitute the entire agreement between the
Department and the Owner regarding this grant of access to the Department as stated herein. No
modification, amendment or waiver of the terms and conditions of this Agreement shall be
binding upon Department unless approved in writing by an authorized representative of Owner
and Department.
19. Governing Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue for any action or proceeding arising from
or relating to this Agreement shall be in the appropriate Florida court having jurisdiction located
in Leon County, Florida.
20. Severability. Any provision of this Agreement that is prohibited or unenforceable shall
be ineffective to the extent of such prohibition or unenforceability without invalidating the
remaining provisions hereof.
21. No Third Party Beneficiaries. This Agreement is solely for the benefit of the parties
hereto and their respective successors and assigns and shall not be deemed to confer upon third
parties any remedy, claim, liability, or reimbursement, claim of action or other right.
A. Are additional requirements attached to this agreement? Note: Additional requirements must
be on a separate page titled Exhibit B and include the facility ID #, owner signature and date on the page.
YES NO
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B. Do you wish to participate or provide input with respect to rehabilitation of this facility?
YES
NO
C. Do you wish to exercise the option to reject one Agency Term Contractor prior to
assignment of work?
YES
NO
D. Do you want the Contractor to contact you to obtain a separate site access agreement?
Note: Additional site access agreements must be completed between the owner and ATC within ninety (90)
calendar days.
YES
NO
Signature of each Property Owner Signature of Witness
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Accepted by the State of Florida Department of Environmental Protection:
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Diane D. Pickett, P.d. Signature of Witness
Program Administrator
PetrolL,,m,[, toration Program
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Date Print Name Date
Attachments: Exhibit A-Legal description of the Property.
FDEP Coordinates (Degrees Minutes Seconds)for Facility 9201989:
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Attachment A
Short Legal Description: LESLEY'S SUB THAT PART OF LOTS 8 AND 9 LYING E OF FT
HARRISON AVE EXTENDED (PART IN S 4- 29 -15)
FDEP Coordinates(Degrees Minutes Seconds) for Facility 52/ 9201989:
Latitude 27 ° 58' 59.2500 "
Longitude 82° 47' 45.9300"
9/24/2015
Florida Department of
Environmental Protection
CITY OF CLEARWATER
PO BOX 4748
CLEARWATER, FL 33758
Bob Martinez Center
2600 Blair Stone Road
Tallahassee, Florida 32399 -2400
Subject: Notice of Funding Availability for Assessment
ATRIUM HOTEL
1707 N FORT HARRISON
CLEARWATER, PINELLAS COUNTY
FDEP Facility ID #52 9201989
Eligible Discharge Date: 6/29/1992 (ATRP)
Priority Score: 27
Dear Property Owner:
Rick Scott
Governor
Carlos Lopez - Cantera
Lt. Governor
Jonathan P. Steverson
Interim Secretary
Received
JUN 10 2016
City Attorney
Funding is currently available from the Petroleum Restoration Program (PRP) to perform a Low -
Score Assessment (LSA) to assess the extent of the petroleum discharge at your facility. Any
co- payments or deductibles associated with this discharge will not be required at this time unless
the data demonstrates the site qualifies for closure and is issued a Site Rehabilitation Completion
Order (SRCO).
In order to participate in this program, a site access agreement must be signed and returned.
Please execute and return the attached PERMISSION TO ENTER PROPERTY form as soon as
possible using the enclosed self- addressed stamped envelope, but within 30 days of the date of
this letter. Upon receipt of the completed form, the PRP will begin preparing a scope of work
and assigning a competitively procured Agency Term Contractor to begin assessment activities
at your site.
Recent legislation now requires the PRP to select contractors to perform assessment and
remediation of state - funded petroleum contamination. As a result, the PRP selects contractors
through a competitive procurement process that is outlined in Chapter 62 -772, Florida
Administrative Code.
www.dep. statefl. us
CITY OF CLEARWATER
FDEP Facility ID# 9201989
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9/24/2015
The PRP will consider any input you may want to provide with respect to the rehabilitation of
this facility. If you would like to provide such input, or would like the opportunity to reject one
agency term contractor prior to assignment, please check the appropriate box of the form and
provide contact information as soon as possible using the enclosed self- addressed stamped
envelope, again within 30 days of the date of this letter.
If you have any questions, please contact Rob Perlowski at 850- 245 -8917 or
Robert.Perlowski @dep.state.fl.us. Thank you for your assistance.
Sincerely,
Alan Sakole
Environmental Supervisor
York Risk Services Group, Inc;
Administrative Services Contractor
Alan.Sakole@yorkrsg.com
Enclosure: Permission To Enter Property.
Note, this cover letter is for your records and should not be returned.
INSTRUCTIONS FOR COMPLETION OF SITE ACCESS AGREEMENT
This agreement is required to allow FDEP and the Agency Term Contractor (ATC) personnel to
enter your property to perform remediation services. Upon issuance of a Closure Order, your
site will be restored as nearly as practical to the conditions which existed before the activities,
and the access agreement shall be terminated.
The Agreement includes 21 standard paragraphs. Alteration may not be made directly on the
original agreement. In addition, there are four questions concerning owner access preference
that must be answered by checking the corresponding boxes. Any additional requirements or
agreements may not result in the FDEP incurring additional expenses. Please see the instructions
following each question for more information.
A. Are additional requirements attached to this agreement? Note: Additional
requests must be on a separate page titled Exhibit B and include the facility ID#, owner signature and
date on the page.
Some property owners require additional access conditions, such as those mandated in the
Jessica Lundsford Act for school properties, or have specific requirements regarding
notification of work. Additional requirements may be requested on a separate signed and
dated page to this agreement, to be titled Exhibit B. Such requests are subject to evaluation and
approval by the Department. You will be informed if the Department cannot accept your
request. Any changes or alterations to the standard access agreement must be made in Exhibit
B, and not on the original agreement.
B. Do you wish to participate or provide input with respect to rehabilitation of
this facility?
If you wish to be in close communication with the ATC and receive notifications of work,
copies of reports and recommendations for the site, select "yes" for this option. If you prefer
to be hands off and let the ATC conduct all work as directed by the FDEP, please select "no."
C. Do you wish to exercise the option to reject one Agency Term Contractor
prior to assignment of work?
As required by legislation outlined in Chapter 62 -772 Florida Administrative Code, FDEP will
use a competitive procurement process to select an ATC to conduct the
assessment/remediation activities. Checking "yes" for the above option allows you to be
informed by FDEP which ATC is selected before they are authorized to initiate activities, and
reject one selected ATC, if you so choose.
D. Do you want the Contractor to contact you to obtain a separate site access
agreement? Note: Additional site access agreements between the owner and ATC must be
completed within ninety (90) calendar days.
If "yes" is selected, you will be contacted by the ATC to discuss the terms of your additional
site access agreement prior to beginning any work at your site. The State of Florida does not
review or give advice regarding these separate agreements. If you choose to do this, the
separate access agreement cannot contradict, and must be subservient to, the agreement
between the owner and the FDEP.
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