PERMISSION TO ENTER PROPERTYFlorida Department of
Environmental Protection
PERMISSION TO ENTER PROPERTY
Rick Scott
Governor
Carlos Lopez-Cantera
Lt. Governor
Jonathan P. Steverson
Secretary
1. The Parties. The undersigned real property owner(s) or authorized representative of the
real property owner(s), ("Owner"), hereby give(s) permission to the State of Florida, Department
of Environmental Protection and, if applicable, its Contractors ("Department") to enter the
Owner's property ("the Property") as defined in paragraph 2, next.
2. The Property. Owner owns the certain parcel(s) # U-19-27-17-ZZZ-000000-13530.0 of
real property located at located at 17711 North Paterson Road, Odessa, Hillsborough County,
Florida (the "Property").
3. Permissible Activities. This Permission to Enter Property ("Permission") is limited to
activities which may be performed by the Department to locate hazardous substances or
contamination, determine contamination levels and, when necessary, remove and remediate
contamination which may be performed by the Department or its Contractor. The following
activities are included in this Permission 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;
• investigate the Property, including the inside of any building, to determine
if any hazardous waste, hazardous substances or contaminants are present;
• use geophysical equipment;
• use an auger for collecting soil and sediment samples;
• collect waste, soil, and water samples; and
• conduct surveys, prepare site sketches, and take photographs.
4. Duration and Termination of Access. This Permission is granted, without any fee or
charge to the Department, for so long as is necessary to conduct the Permissible Activities and at
least until, in the Department's determination, the immediate risk has been abated. Access shall
be allowed upon the execution of this Agreement. This Permission shall continue until the
Department informs Owner that the Department will no longer be working on the Property.
5. Activities Comply with Applicable Laws. All work performed on the Property
associated with this Permission shall be done in a good, safe, workmanlike manner, and in
accordance with applicable federal and state statutes, rules and regulations.
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6. Proper Removal. The Department shall ensure that soil cuttings, any work materials,
and water generated shall be disposed of in accordance with applicable environmental laws. All
soil cuttings, waste materials, and development water generated shall be removed from the
Property. When Permission is no longer required the Department will ensure all equipment is
removed and wells properly abandoned.
7. Owner's Non -Interference. The Owner shall not interfere with the Department when
performing the Permissible Activities. Owner shall not damage any equipment including well,
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
Permission.
8. No Admission. The granting of this Permission 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.
9. Owner's Use of Property. The Owner retains the right to use the Property, and the
Department will work with the Owner regarding minimizing activities that may interfere with the
Owner's management and use of the Property. However, the Department is not responsible for
any inconvenience, economic injury, or business damage that Owner may suffer due to the
performance of any Permissible Activity.
10. Injury to Department. The Owner shall not be liable for any injury, damage or loss on
the Property suffered by the Department or Department employees not caused by the negligence
or intentional acts of the Owner's agents or employees.
11. Non -waiver of Sovereign Immunity. The Owner and the Department acknowledges and
accepts their respective responsibility under applicable law (Section 768.28, Florida Statutes) for
damages caused by the acts of their respective employees while on the Property.
12. Public Records. All documents created or received associated with the Permissible
activities are a public record pursuant to Chapter 119, F.S. The Owner may retrieve any
documents or other information related to this Permission by calling 850-245-2010.
13. Entire Agreement. This Permission shall constitute the entire agreement between the
Department and the Owner regarding this grant of access to Department for the purposes herein.
No modification, amendment or waiver of the terms and conditions of this Permission shall be
binding upon Department unless approved in writing by an authorized representative of Owner
and Department
14. Governing Law and Venue. This Permission 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 Permission shall be in the appropriate Florida court having jurisdiction located
in Leon County, Florida.
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15. Severability. Any provision of this Permission that is prohibited or unenforceable shall
be ineffective to the extent of such prohibition or unenforceability without invalidating the
remaining provisions hereof.
16. No 'Third-Party Beneficiaries. This Permission 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,
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Signature of authorized representative of Signature of Witness
real property Owner
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