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SITE REHABILITATION FOR DIMMITT CHEVROLET PROPERTY "B" City of Clearwater Brownfield Site Rehabilitation Agreement Dimmit Chevrolet Property B BF Site 10 # 529701002 BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION IN RE: City of Clearwater, Florida Dimmit Chevrolet Property B 901-927 Cleveland Street Clearwater, Florida 33756 Brownfield Area Name: Clearwater Area Brownfield Area 10 #529701000 BROWNFIELD SITE REHABILITATION AGREEMENT PURSUANT TO 9 376.80(5), Florida Statutes (F.S.) WHEREAS, the Brownfields Redevelopment Act was enacted to reduce public health and environmental hazards on existing commercial and industrial sites by offering incentives to encourage responsible persons to voluntarily develop and implement cleanup plans; and WHEREAS, the Department of Environmental Protection ("Department") is the administrative agency of the State of Florida having the power and duty to protect Florida's environment and to administer and enforce the provisions of Chapters 403, F.S. and 376, F.S., and the rules promulgated thereunder, Florida Administrative Code (F.A.C.) Rule Chapters 62-777 and 62-785; and WHEREAS, the Department has jurisdiction over the matters addressed in this Brownfield Site Rehabilitation Agreement; and WHEREAS, the Department has the authority, pursuant to 9376.81, F.S., to establish criteria by rule for determining the rehabilitation program tasks comprised by a site rehabilitation program and the level at which a rehabilitation program task and a site rehabilitation program may be completed; and WHEREAS, the City of Clearwater, Florida, has designated certain property within the city limits as a brownfield area and has entered into an agreement with the Community Redevelopment Agency of the City of Clearwater for the redevelopment of the property subject to this Brownfield Site Rehabilitation Agreement; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, it is agreed as follows: This Brownfield Site Rehabilitation Agreement ("BSRA") is entered into between the Department and the City of Clearwater, hereinafter the Person Responsible For ;YrJ /f' ,'.1 Ii --f ~ .. , ~ ..,J" ( j ({;, .- / City of Clearwater Brownfield Site Rehabilitation Agreement Dimmit Chevrolet Property B BF Site ID # 529701002 Brownfield Site Rehabilitation ("PRFBSR") (collectively, the "parties"), for the rehabilitation of a brownfield site within a designated brownfield area pursuant to 9376.80(5), F.S. The Department and the PRFBSR agree to the following: 1. DEPARTMENT OF ENVIRONMENTAL PROTECTION The Department is the agency of the State of Florida with authority and power to enforce the provisions of Chapters 376 and 403, F.S. 2. PERSON RESPONSIBLE FOR BROWNFIELD SITE REHABILITATION The City of Clearwater, Florida, is a municipality incorporated under the laws of Florida and is the PRFBSR as defined in 9376.79(13), F.S., for the real property described in the attached map and legal description, incorporated herein, that has been designated by local government resolution as a brownfield area as defined in 9376.79(4), F.S. Attachment A is a composite exhibit including the site map and its legal description, and the city resolution for the brownfield area. The PRFBSR has agreed to conduct "site rehabilitation" as defined in 9376.79(17), F.S., at the brownfield site described in Attachment A (the brownfield site). 3. PRFBSR'S DUTIES The PRFBSR agrees: (a) to conduct site rehabilitation and submit technical reports and rehabilitation plans in a timely manner according to the attached brownfield site rehabilitation schedule approved by the Department (see Attachment B), and incorporated herein; (b) to conduct site rehabilitation activities under the observation of professional engineers or professional geologists who are registered in accordance with the requirements of Chapter 471 or 492, F.S., respectively. Submittals provided by the PRFBSR must be signed and sealed by a professional engineer registered under Chapter 471, F.S., or by a professional geologist registered under Chapter 492, F.S., certifying that the submittal and associated work comply with the laws and rules of the Department and those governing the profession. Upon completion of the approved remedial action, a professional engineer registered under Chapter 471, F.S., or a professional geologist registered under Chapter 492, F.S., must certify that the corrective action was, to the best of his or her knowledge, completed in substantial conformance with the plans and specifications approved by the Department; Page 2 of 2 11 City of Clearwater Brownfield Site Rehabilitation Agreement Dimmit Chevrolet Property B BF Site 10 # 529701002 (c) to conduct site rehabilitation in accordance with Chapter 62-160, F.A.C., as the same may be amended from time to time; (d) to obtain any local, state, or federal approvals or permits required for the site rehabilitation work and to conduct the necessary site rehabilitation consistent with local, state, and federal laws, rules, and ordinances, including the cleanup criteria in 9376.81, F.S., and the requirements of Chapters 62-785, F.A.C., Brownfields Cleanup Criteria, and 62-777, F.A.C., Contaminant Cleanup Target Levels adopted pursuant thereto; (e) to allow access by the Department during the entire site rehabilitation process in accordance with the attached documentation (Attachment C), incorporated herein, establishing that such access has been secured by agreement with the PRFBSR. Upon the transfer of any real property interest in any portion of the brownfield site before site rehabilitation is complete, the PRFBSR shall submit within 30 days a copy of an access agreement in substantially the same form as that in Attachment C with any successor in interest to the City as owner of the brownfieldsite, granting such access to the Department; and (f) to consider appropriate pollution prevention measures and to implement those that the PRFBSR determines are reasonable and cost-effective, taking into account the ultimate use or uses of the real property at the brownfield site. 4. CERTIFICATION The Brownfields Coordinator for the City of Clearwater has certified that a fully executed agreement containing the terms for the redevelopment of the brownfield site exists between the PRFBSR and the Community Redevelopment Agency. A copy of the certification is attached to this BSRA as Attachment D. More detailed terms for the redevelopment of the property will be included in the development agreement between the Community Redevelopment Agency and the private developer (Mr. Bruce Balk), which will be provided later and included in Attachment D. Page 3 of 3 rP City of Clearwater Brownfield Site Rehabilitation Agreement Dimmit Chevrolet Property B BF Site ID # 529701002 5. PROPERTY COORDINATES AND ACREAGE The latitude and longitude coordinates in minutes, degrees and seconds, datum used, and accuracy of method used to determine the coordinates for the brownfield site are: Latitude 27 degrees, 57 minutes, 54 seconds, north. Longitude 82 degrees, 47 minutes, 37 seconds. Datum Used: NAD 27 Collection Method: Digital Map Interpolation Map Source: City of Clearwater-Engineering Map Source Scale: N/A Relationship of Point to Feature: Center of Site Coordinate Accuracy Level: 10 to 20 Feet The property consists of approximately 2.51 acres. 6. SITE CONTRACTOR The PRFBSR must ensure that any contractor performing site rehabilitation program tasks at or for the brownfield site has provided documentation and certification to the Department that the contractor meets the requirements listed below. If the identity of the contractor is known at the time of the execution of this BSRA, a Brownfields Redevelopment Program Contractor Certification Form (CCF) shall be completed and attached as part of Attachment E to this BSRA, along with copies of insurance certificates and all other documentation required below. If the contractor has not yet been determined, the PRFBSR shall ensure that the CCF and all other documentation required in this section are submitted to the District Brownfield Coordinator and approved by the Department before the contractor begins performing any site rehabilitation tasks at the site. The requirements are as follows: (a) documentation in accordance with the provisions of the paragraph above and with Attachments E and F, showing that the contractor: (i) meets all certification and license requirements imposed by law; and (ii) performs laboratory analysis pursuant to National Environmental Laboratory Accreditation Program ("NELAP") certification requirements and performs field sampling work in accordance with a comprehensive quality assurance plan ("CompQAP") prepared and Page 4 of 4 ,ff) City of Clearwater Brownfield Site Rehabilitation Agreement Dimmit Chevrolet Property B BF Site 10 # 529701002 approved under Department rules. In the event that Chapter 62- 160, F.A.C. is amended and the CompQAP requirements are abolished, then the new requirements of Chapter 62-160, F.A.C. shall apply to field sampling work; and (b) certification to the Department that the contractor: (i) complies with applicable OSHA regulations; (ii) maintains workers' compensation insurance for all employees as required by the Florida Workers' Compensation Law; (iii) maintains comprehensive general liability and comprehensive automobile liability insurance with minimum limits of at least $1 million per occurrence and $1 million annual aggregate, sufficient to protect it from claims for damage for personal injury, including accidental death, as well as claims for property damage which may arise from performance of work under the Brownfields program, designating the state as an additional insured party; (iv) maintains professional liability insurance of at least $1 million per claim and $1 million annual aggregate; and (v) has the capacity to perform or directly supervise the majority of the work at a site in accordance with ~489.113(9), F .S. 7. CONTINUANCE OF COMPLIANCE During the entire site rehabilitation process, the PRFBSR agrees to ensure that the contractor continues to comply with the requirements of Paragraph 6 of this BSRA pursuant to the requirements of ~376.80(6) and (7), F.S. 8. ADVISORY COMMITTEE The PRFBSR has established an advisory committee pursuant to the requirements of ~376.80(4), F.S., for the purpose of improving public participation and receiving public comments on rehabilitation and redevelopment of the brownfield area, future land use, local employment opportunities, community safety, and environmental justice. The PRFBSR shall provide the advisory committee a copy of the executed brownfield site rehabilitation agreement. When the PRFBSR submits a site Page 5 of 5 ~ City of Clearwater Brownfield Site Rehabilitation Agreement Dimmit Chevrolet Property B BF Site 10 # 529701002 D.E.P. JUL 09 2001 Southwest Distric\ la1\\~ assessment report or the technical document containing the proposed course of action following site assessment to the Department or the local pollution control program for review, the PRFBSR shall hold a meeting or attend a regularly scheduled meeting to inform the advisory committee of the findings and recommendations in the site assessment report or the technical document containing the proposed course of action following site assessment. Attachment G is a list of the names, addresses, and contact numbers for all Advisory Committee members. 9. INDEMNIFICATION The PRFBSR shall save and hold harmless and indemnify the Department against any and all liability, claims, judgments, or costs of whatsoever kind and nature for injury to, or death of any person or persons and for the loss or damage to any property resulting from the use, service, operation, or performance of work under the terms of this BSRA and from the negligent acts or omissions of the PRFBSR or its employees, agents, contractors, subcontractors, or other representatives, to the extent allowed by law. 10. PROFESSIONAL LIABILITY INSURANCE Any professional engineer or professional geologist providing professional services relating to site rehabilitation program tasks must carry professional liability insurance with a coverage limit of at least $1 million in accordance with 9376.80(8), F.S. 11. LIABILITY PROTECTION: The liability protection provided under 9376.82 F.S. shall become effective upon execution of this BSRA and shall remain effective, provided the PRFBSR complies with the terms of this BSRA. In accordance with 9376.82 F.S., this protection shall specifically extend to a person who acquires after the effective date of this BSRA a legal or equitable interest in the property described in Attachment A or any portion of it (including any easement interest or leasehold interest) for or concerning the presence of any contaminant, hazardous substance, or pollutant originating at the property. 12. FAILURE TO COMPLY: If the PRFBSR fails to comply with the provisions of this BSRA, the Department will notify the PRFBSR in writing of any breach of this BSRA. The PRFBSR will have 90 days from receipt of the letter from the Department to return to Page 6 of 6 (/J City of Clearwater Brownfield Site Rehabilitation Agreement Dimmit Chevrolet Property B BF Site 10 # 529701002 compliance or to negotiate a modification to this BSRA with the Department for good cause shown. The 90-day grace period does not apply if an imminent hazard exists at the site. If such imminent hazard exists, the PRFBSR shall act immediately to abate the hazard. If the project is not returned to compliance with this BSRA and a modification cannot be negotiated, then the immunity provisions of 3376.82, F.S., are revoked, except in the event of a delay caused by circumstances beyond the reasonable control of the PRFBSR, in which case the 90-day grace period shall be extended pursuant to paragraph 13 below. 13. DELAY If any event occurs that does not result in a breach of this BSRA but causes delay or the reasonable likelihood of delay in the achievement of the requirements of this BSRA, the PRFBSR shall have the burden of proving that the delay was or will be caused by circumstances beyond the reasonable control of the PRFBSR that could not have been overcome by due diligence. Upon occurrence of the event, the PRFBSR shall, within 7 days, notify the Department orally and in writing of the anticipated length and cause of the delay, the measures taken or to be taken to prevent or minimize the delay, and the timetable by which the PRFBSR intends to implement these measures. However, if an imminent hazard exists the PRFBSR shall act immediately to abate the hazard. (a) If the parties can agree that the delay or anticipated delay has been or will be caused by circumstances beyond the reasonable control of the PRFBSR, the time for performance hereunder shall be extended for a period equal to the delay resulting from such circumstances unless circumstances warrant more time in the opinion of the Department. A letter from the Department to the PRFBSR accepting or, if necessary, modifying the extension request shall confirm such agreement. (b) The PRFBSR shall adopt all reasonable measures to avoid or minimize any delay. Failure of the PRFBSR to comply with the notice requirements of this paragraph shall constitute a waiver of the right to request an extension of time for complying with the requirements of this BSRA. Increased costs of performance of the terms of this BSRA shall not be considered circumstances beyond the control of the PRFBSR. (c) If the Department and PRFBSR cannot agree that any delay in the achievement of the requirements of this BSRA, including failure to submit any report or document, has been or will be caused by circumstances beyond the reasonable control of the PRFBSR, the PRFBSR may seek an administrative hearing or judicial determination of the issue following the Page 7 of 7 j/J City of Clearwater Brownfield Site Rehabilitation Agreement Dimmit Chevrolet Property B BF Site 10 # 529701002 same procedures as set forth for persons other than the PRFBSR in Paragraphs 21 and 22 of this BSRA . 14. IMMINENT HAZARD Nothing herein shall be construed to limit the authority of the Department to undertake any action in response to or to recover the costs of responding to conditions at or from the brownfield site that require the Department to take action to abate an imminent hazard to the public health, welfare or the environment. 15. RELEASE OF LIABILITY: RESERVATION OF RIGHTS In consideration of the execution and successful completion of this BSRA, the PRFBSR and his or her successors and assigns, shall be relieved from further liability for remediation of the brownfield site to the Department and third parties and of liability in contribution to any other party who has or may incur cleanup liability for the real property described in Attachment A. This BSRA shall not constitute a release, waiver, or in any way a limitation or restriction, of any claim or cause of action that the PRFBSR may have against any person or entity not a signatory to this BSRA, including but not limited to any claim or cause of action for contribution or cost recovery for costs incurred by the PRFBSR to satisfy the PRFBSR's obligations under this BSRA. 16. GOVERNING LAW This BSRA has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida and any local regulations. Wherever possible, each provision of this BSRA shall be interpreted in such manner as to be effective and valid under applicable law. If any provision of this BSRA shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this BSRA. Any action hereon or in connection herewith shall be brought in Pinellas County, Florida. 17. SUBMITTALS The PRFBSR shall submit two copies of any certifications or documentation required in paragraph 6 ("Site Contractor") above, and all reports, plans, data, responses, addenda, or modifications to reports and plans required by this BSRA submitted to the Department shall be sent to David Gerard, P.E. II, Brownfields Coordinator, Florida Department of Environmental Protection, 3804 Coconut Palm Page 8 of 8 JiJ A1 City of Clearwater Brownfield Site Rehabilitation Agreement Dimmit Chevrolet Property B BF Site 10 # 529701002 Drive, Tampa, Florida 33619-8218, for review. The contact person for the PRFBSR shall be Miles Ballogg, Brownfields Coordinator for the City of Clearwater, City of Clearwater Economic Development Team, 112 South Osceola Avenue, P.O. Box 4748, Clearwater, Florida 34618-4748. Time-frames for the PRFBSR's submittal and the Department's review of technical reports, plans, and other required documents shall be governed by the attached schedule (see Attachment B), incorporated herein. After final Department approval of each report or plan an electronic copy shall be submitted to the Department within 30 days. The electronic copy of the report shall be submitted on compact disk (CD) for archiving purposes in the format listed in Attachment H. 18. DOCUMENT REVIEW During the cleanup process, if the Department fails to complete the review ofa technical document within the time-frame specified in this BSRA, with the exceptions of requests for "no further action", "monitoring only proposals," and feasibility studies, which must be approved prior to implementation, the PRFBSR may proceed to the next site rehabilitation task. HoweVer, the PRFBSR does so at its own risk and may be required by the Department to complete additional work on a previous task. 19. ASSIGNMENT The PRFBSR shall not assign any rights or responsibilities under this BSRA to any other party without the written consent of the Department and the local government with jurisdiction over the brownfield site. 20. WAIVER By entering into this BSRA, the PRFBSR waives its right to challenge the contents of this BSRA in an administrative hearing afforded by 9120.569 and 9120.57, F.S., or an appeal afforded by the terms of 9120.68, F.S. This BSRA does not deny the PRFBSR a right to challenge the Department's actions taken pursuant to this BSRA. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this BSRA, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. Page 9 of 9 ~ City of Clearwater Brownfield Site Rehabilitation Agreement Dimmit Chevrolet Property B BF Site 10 # 529701002 21. EFFECTIVE DATE AND ADMINISTRATIVE HEARING This BSRA is final and effective on the date of execution unless a timely petition for an administrative hearing or request for extension of time to file a petition for administrative hearing is filed under 99120.569 and 120.57, F.S., within twenty-one (21) days after the date of execution. Upon the timely filing of such petition or request, this BSRA will not be effective until further order of the Department. 9376.82(2), F.S., establishes liability protection for the PRFBSR upon execution of a brownfield site rehabilitation agreement. The procedures for petitioning a hearing or filing a request for extension of time to file a petition for administrative hearing are set forth below. (a) Please be advised that mediation of this decision pursuant to 9120.573, F.S., is not available. (b) Persons other than the PRFBSR whose substantial interests are adversely affected by this BSRA have the following options: (i) file a petition for administrative hearing with the Department within twenty-one (21) days of receipt of this BSRA; or (ii) file a request for an extension of time to file a petition for hearing with the Department within 21 days of receipt of this BSRA. Such a request should be made if you wish to meet with the Department in an attempt to informally resolve any disputes without first filing a petition for hearing. (c) How to Request an Extension of Time to File a Petition for Hearing: For good cause shown, pursuant to Rule 62-110.106(4), F.A.C., the Department may grant a request for an extension of time to file a petition for hearing. Such a request must be filed (received) with the Department (in the Office of the General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399..,3000), within twenty-one (21) days of receipt of this BSRA. Petitioner shall mail a copy of the request to the PRFBSR at the time of filing. Timely filing a request for an extension of time tolls the time period within which a petition for administrative hearing must be filed. Page 10 of 10 City of Clearwater Brownfield Site Rehabilitation Agreement Dimmit Chevrolet Property B BF Site 10 # 529701002 (d) How to File a Petition for Administrative Hearing: A person whose substantial interests are affected by this BSRA may petition for an administrative proceeding (hearing) under 99120.569 and 120.57, F.S. The petition must contain the information set forth below and must be filed (received) with the Department (in the Office of the General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000), within twenty-one (21) days of receipt of this BSRA. Petitioner shall mail a copy of the petition to the PRFBSR at the time of filing. Failure to file a petition within this time period shall waive the right of anyone who may request an administrative hearing under 99120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. Pursuant to 9120.54(5)(b)4, F.S. and 9120.569(2), F.S., and Rule 28-106.201, F.A.C., a petition for administrative hearing shall contain the following information: (i) The name, address, and telephone number of each petitioner, the name, address, and telephone number of the petitioner's representative, if any, the PRFBSR name and address, if different from the petitioner, the Department's Brownfield Area and Site Identification Numbers, and the name and address of the brownfield site; (ii) A statement of how and when each petitioner received notice of the Department's action or proposed action; (iii) An explanation of how each petitioner's substantial interests are or will be affected by the Department's action or proposed action; (iv) A statement of the material facts disputed by the petitioner, or a statement that there are no disputed facts; (v) A statement of the ultimate facts alleged, including a statement of the specific facts the petitioner contends warrant reversal or modification of the Department's action or proposed action; Page 11 of 11 /P City of Clearwater Brownfield Site Rehabilitation Agreement Dimmit Chevrolet Property B BF Site 10 # 529701002 (vi) A statement of the specific rules or statutes the petitioner contends requires reversal or modification of the Department's action or proposed action; and (vii) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Department's action or proposed action. A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by Rule 28-106.301, F.A.C. Timely filing a petition for administrative hearing postpones the date this BSRA takes effect until the Department issues either a final agreement pursuant to an administrative hearing or an Agreement responding to Supplemental Information provided to the Department pursuant to meetings with the Department. 22. JUDICIAL REVIEW Any party other than the PRFBSR to this BSRA has the right to seek judicial review under 9120.68, F.S., by filing a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the Department (in the Office of the General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000), and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The notice of appeal must be filed within thirty (30) days after this agreement is filed with the clerk of the Department (see below). 23. QUESTIONS Any questions regarding this BSRA should be directed to David Gerard, P.E. II, Brownfields Coordinator, Florida Department of Environmental Protection, 3804 Coconut Palm Drive, Tampa, Florida 33619-8218; telephone (813) 744-6100. Questions regarding legal issues should be referred to the Department's Office of General Counsel at (850) 488-9314. Contact with any of the above does not constitute a petition for administrative hearing or request for an extension of time to file a petition for administrative hearing. Page 12 of 12 M City of Clearwater Brownfield Site Rehabilitation Agreement Dimmit Chevrolet Property B BF Site 10 # 529701002 24. ENTIRETY OF AGREEMENT This BSRA represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this BSRA shall be valid only when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this BSRA, unless otherwise provided herein. IN WITNESS WHEREOF, each of the parties has made and executed this Brownfield Site Rehabilitation Agreement on the date set forth for the signature of each representative below: Director of District Management, State of Florida Department of Environmental Protection, and the Person Responsible for Brownfield Site Rehabilitation, signing by and through its Mayor-Commissioner and its Interim City Manager, both duly authorized to execute same. FOR THE STATE OF FLORIDA DEPARMENT OF ENVIRONMENTAL PROTECTION Date: 7 -;) C ... 0 / By: ~-fL,J- Approved as to form: Sharen Parrish Assistant General Counsel FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to ~120.52 Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. QB'~ ~7-d.('-i9J . Cler Date ( Deputy ClerK Page 13 of 13 ;{J City of Clearwater Brownfield Site Rehabilitation Agreement Dimmit Chevrolet Property B BF Site 10 # 529701002 FOR THE PERSON RESPONSIBLE FOR BROWNFIELD SITE REHABILITATION Countersigned: By: ~i~ Brl~m J. ')iSt ~ Mayor-Commissioner Date: Approved as to form: flj)I Pamela K. Akin =AssistaM City Attorney cc: Sharen Parrish, FDEP Roger Register, FDEP Miles Ballogg, City of Clearwater !1J CITY OF CLEARWATER, FLORIDA 112 South Osceola Avenue Clearwater, Florida 33756 (727) 562-4032 By:~..__-:g.~'1r William B. Horne, II Interim City Manager Date: 7/d.Jo I (I Attest: Page 14 of 14 City of Clearwater Brownfield Site Rehabilitation Agreement Dimmit Chevrolet Property B BF Site ID # 529701002 List of Attachments Attachment A Map and Legal Description of the Brownfield Site and Local Government Resolution Attachment B Brownfield Site Rehabilitation Schedule Attachment C Site Access Agreement Attachment D Certification of Redevelopment Agreement Attachment E Contractor Certification Form and Insurance Certificates Attachment F Quality Assurance Certification Attachment G Advisory Committee Members Attachment H Format for Submittals of Technical Documents Page 15 of 15 "- City of Clearwater Brownfield Site Rehabilitation Agreement Attachments Dimmit Chevrolet Property B BF Site 10 #BF529701 002 Attachment A 1. Legal description of the brownfield site: Lots 1,2,3,4,5,6,7,8, 11,12, 13, 14, 15, 16, 17, 18, 19, of Block 2, MAGNOLIA PARK, according to the map or plat thereof recorded in Plat Book 3, page 43, public records of Pinellas County, Florida. LESS AND EXCEPT that portion of the above described lands lying within the road of Cleveland Street within the meaning of Florida Statutes section 95.361 (I). 2. Map of the brownfield site (see next page). 3. Copy of the local government resolution that designated the area as a brownfield that includes the brownfield site (following the map on the next page). flJ ~ J- ....- ....r... - ---= FL_ -~~I -U----1-1 _-_JJI~=~ =~~I__-~t """I . .....1: -.... :..... .....;. -==- '" I -f I i I' LOr .10 II 1 i I ...... 1/1 '&- lL"'" . - . - - - - - ~- - - ~.r~ _ _ _ __ . . II ~;: !. - ';;" '\"-";;;'I'-"~ .-...... -.."'"'!. -..-.. ..~..- '-;;";';- '-r- oIf' ..... 11 11 I lOT 2 I I i i I . . . . . , I I. II 1 -',"-"-' _..:-.._..~ ._..L..~.._.._.+.._.._ ._..i~;~i!--"-"l'-"-'- : : -:1110 0 II 0 II A. : PAR K . ; I 1 ~ r 8 8 L\; : K P1D 2 10 1 ! - I I. _! ! i i i I i . '. . i i i I i !I .1 !I !I ,I !I i LOT II lOT 11 i lOT 17 i LOT II I LOT IS . '. ! ,r;-'1. .' I I : i l:J i i I -' -\POl . I "" --j "" ....., i W. _Dl~1 ....._ ~~ I I I I lOT 1 lOT 3 11 I ft'~ 1 I lOTI I ~- I I I , ,II LOT 20 ~I . I ~I . 1 1 ~I 11 lOT 4 lOTS. lOT . LO.~ . . lOT II . . . . 1___.1.- ..,...,.-.. - - ro-" - ... ..-. H _ ._ 15 r..~ CIlr 01 _. _." 01_ ..... .f ....... ., w ... :). ., I '" '" I :t I I LOT ~~ leT 1~ .... -- I ... .... I --- I I I > !I 1 1 I 1 it I 1 I I I ...:=, lOT '4 LOT 13 --- - "" ...... . - ~... ,-....... ...... ...... ,,~~ ... . ~~.~~~ '. ':Il.~'~':.' c.a.... .,.......... ... au . .. .. ...... II PARCElS IN DOWNTOWN CLEARWATER ALTA/ACSM LAND TITLE SURVEY BOUNDAR~ SURVEY .........-..- :II ., 00 " :t _u "'0.. ~. . x_ , eC 0 .c a: ..... . . -(:I a "''''m .. i..-....... . . 1 . I r I I I I I ='.::::= J J -La ~... I - .- .-1..- '2.J)o/{)03A . . ., . .. . ( ) ( 40 " . -.:;': --~_~~-;.-:. ';:. ~1~', ::.~~hP ~:~~~~,: A RESOLUTION OF THE CITY OF CLEARWATER,. FLORIDA, MAKING FINDINGS; DESIGNATING A BROWNRELD AREA WlTHINTHE'CITY OF CLEARWATER FOR THE PURPOSE OF',' ENVIRONMENTAL REHABILITATION AND ECONOMIC DEVELOPMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Rorida has provided, it Ch;. ~277, Laws of Florida, codified at Florida Statutes Sections 378.77-378.84, for the designation by resolution of certain contiguous areas consisting of one or- more Brownfi8Ids sites as -Brownfields Areas.; and for the corresponding provision of ' environmental remediation and economic development for such areas; and WHEREAS, the City of Clearwater wishes to. notify the Florida Department of Environmental Protection of its decision to desigJ1ate a Brownfield Area for rehabiflfation for purposes of Sections 378.77-378.84; and WHEREAS, the City of Clearwater has previously designated a Brownfield Pilot Project pursuant to the Environmental Protection AgtMtCy Brownfields Initiative, the delineation of which is identical to the area proposed for designation under Sections 378.77-378.84; and - . WHEREAS, although the designated area, is identical to the EPA-designated Brownfield Pilot Project, the City of Clearwater has additionally considered the criteria set forth in Rorida Statutes Section 378.8O(2)(a)1.-4~, namely, 'whether the proposed Brownfield Area warrants economic development and has' a reasonable potential for such activities, whether the Area represents a reasonably fOcused' approach and is not overty large in geographic coverage, whether the Area ha potential to interest the private sector in participating in rehabilitation, and whether the. Area contains sit8s or parts of sites suitable for limited recreational open space, cultural. or historical preservation purposes; and WHEREAS, the procedures set forth in Florida Statutes Section 188.041 have been followed, and proper notice has been provided in accordance with Acrida Statutes Sections 378.80(1) and 188.041 (3)(c)2.; now, 1heIefore, . BE IT RESOLVED BY THE CIlY COMMISSION OF THE CIlY OF CLEARWATER, FLORIDA: Section 1,. The City Commission finds the preamble hereof to be true and correct. Section 2. The area depicted on ExhibI- A aIIached' her8to and incorporated herein by reference, is hereby designated as a Brownfield Area fOr rehabilitation for the purposes of Rorida Statutes Sections 378.77-378.84. ThaCily orcremwater shall be the entity responsible for Brownfield site rehabiIiIation pursuantto Florida Statutes Section 376.80(3). However, such designation shaD not- render the City of" Clearwater liable fOr costs of site rehabUitation or souiceremoval, as those terms are defined in Rorida ~1IIIon No. 87..., L' / . .' . . a..' . (') .. .' r 'C':l .-.." ';:"'~I."":-'<<"\...'~__'..~.~o.:;"~:..~_1o"""""""~_""'_" '-.~. .. W ......., ___ _ -- , purposes of Florida StaMes Sections 376.77-376.84. The City of Clearwater shall be the entity responsible for Brownfield site rehabilitation pursuant to Florida Statutes SectIon 376.80(3). However, such designation shall not render the City Of Clearwater liable for costs of. site rehabilitation or source removal, as those terms are defined in Rorida Statutes Section 376.79(14) and (15), or for any other costs, above and beyond those costs attributable to the City's role as administrator of a BrownfieIds site rehabilitation program and as a property owner within the designated Brownfield Area. Section 3, This resolution shall take effect immediately upon adoption. . PASSED AND ADOPTED this 16th day of October' . 1997. Approved as to fonn: I Attest ~~. AJ~.,Qp. E. Goudeau City .' ~No.l701T , . r .. -.I. . ... . ( .t - ---- Aj -- 1lCM. ~_ ~ , 8egia at flat ....... 01'" ... =.., __ N.. Art.......... eM Ibt eosttrfy atnian 01 h nri ~t-..., .. 01 SunIet Poid . .....'atIaIrtr .. ... .. ...., .., IN 01 rcrt'HaaiIan A..... 10 0 paid 01 ...... ... ........, IN of .......' hI;c ..............., GIang.1lIiII ....., IN 01 .. PNIas TRIllo. paiIt ........., ......of ..~ IN 01 ..... Root ..... ...,... ... alii ~.......,..of ~Rood ........ .., lie or...... '-.; IIIenc:e nortIledJ .. IlIiII ... "-*'" 1It-1o ... .... rigid"'" lit of 1M street .1Ilenct ..., cD) said north right-or-., 1M to the .. right 01 .., .. of .., lGnI; ... ...., GIant IlIiII .. rijIt-Gf1lJ line to the easterlJ extension of lilt nd rigIIt..., IN of CcnIpt. StIIIt...... ......,.., said IlCItIa right-of-way.... and ill ....... to Ill........ .. tIat .... riFt-- .., IN 01 o.tnat A-. .... north""J .. IlIid eoUIr ~ 01 .., ... to o. poht 01 ....... .. III IGUtIIerty ~-ofoway IN of hit Road; tIllllCt ~ to tile paiIt of ......... of till ... rigid fI .., IN of ....... .... eN the narth ~t-ef-.., h 01 sa.- A... a.ce, nodl~ .. ..... right..., lie 01 ..... A..... to the north rijIt-ef-WIJ 1M 01 ~ PtiIt Rood; UIence.....,.., IIid nartIa rijIt-of-wGJ .... of Scnet Pont Rood 10 tile "t 01 Be;ritg.;. TOgetIler. .. ct praperties ClblttbJ tllillIne. less CIld except Ulost properties not i'I the city limits of Oecnoler . I , ~. () City of Clearwater Brownfield Site Rehabilitation Agreement Attachments Oimmit Chevrolet Property B BF Site 10 #BF529701002 Attachment B Table I Submittals and Time-frames Within 60 days of the final sampling event If SRCR not approved then submit modifications, etc. within 60 days of Department's response. Frequency is monthly but may be modified with Department approval Within seven (7) days but with not less than 24 hours' prior notice to the Department to. perform field activity. Within 60 days of receipt of the Department's response. "If some unexpected condition is encountered during remediation work and interim actions, supplemental assessment, further remediation, additional monitoring, or some combination of these actions may be needed to deal with the condition in a timely and effective manner. 00 City of Clearwater Brownfield Site Rehabilitation Agreement Attachments Dimmit Chevrolet Property B BF Site 10 #BF529701 002 Attachment C Site Access Agreement The required access agreement between the PRFBSR and DEP is attached and incorporated here as Attachment C, beginning on the next page. In addition, as required by paragraph 3(e) of the BSRA, upon a transfer of any real property interest in any portion of the brownfield site, within 30 days the PRFBSR must provide the Department with a copy of a site access agreement in substantially the same form as in this Attachment C under which the transferee of such an interest grants representatives of the Department the same right of access upon request for the duration of site rehabilitation. Each such additional site access agreement shall be added to and incorporated in Attachment C to this BSRA. 9 City of Clearwater Brownfield Site Rehabilitation Agreement Attachments Dimmit Chevrolet Property B BF Site 10 #BF529701 002 D.E.P. J U L 0 9 2001 Southwest Distric\ 1at\\~ SITE ACCESS AGREEMENT (PERMISSION TO ENTER PROPERTY) 1. The City of Clearwater, Florida (the City), hereby gives permission to the Florida Department of Environmental Protection (the Department) and its agents and contractors to enter the City's property (the Property) located at in Clearwater and having the following legal description: Lots 1-8 and 11-19 of Block 2, MAGNOLIA PARK, according to the map or plat thereof recorded in Plat Book 3, page 43, public records of Pinellas County, Florida. LESS AND EXCEPT that portion of the above-described lands lying within the road of Cleveland Street within the meaning of section 95.361 (1) of the Florida Statutes. 2. This permission is specifically limited to the following activities that may be performed by the Department or its agents or contractors: to conduct any activities that are necessary and appropriate for determining compliance with the BSRA, including but not limited to inspection of any brownfield site rehabilitation activities conducted or remediation equipment installed on the Property. 3. The granting of this permiSSion by the City is not intended and shall not be construed as an admission of liability on the part of the City or its successors or assigns for any contamination discovered on the Property. 4. The Department or its agents or contractors may enter the property at any time during normal business hours and may also make arrangements to enter the Property at other times with the consent of the City. 5. The City shall not be liable for any injury, damage, or loss on the Property suffered by the Department or its agents, employees, or contractors not caused by the negligence or intentional acts of the City's agents, employees, or contractors. 6. The Department acknowledges and accepts its responsibility under applicable law (section 768.28 of the Florida Statutes) for damages caused by the acts of its employees while on the Property. Site Access Agreement Page i of ii ib City of Clearwater Brownfield Site Rehabilitation Agreement Attachments Dimmit Chevrolet Property B BF Site 10 #BF529701 002 D.E.~. JUl 09 200t Southwest District Tam~ Countersigned: CITY OF CLEARWATER, FLORIDA 112 South Osceola Avenue Clearwater, Florida 33756 (727) 562-4032 By: ~13.~"lt William B. Horne, II Interim City Manager Approved as to form: Attest: fljL Pamela K. Akin AS'S'i'st~nt City Attorney ':.Jl.~ ia E. Goudeau -- lerk ..- Accepted by the Florida Department of Environmental Protection by the following authorized agent: tive ~1:. .JJ. ~~ Signature of Witness 1/).~J6) Date I I 1/2~/ol Date l ' Site Access Agreement Page ii of ii ~ City of Clearwater Brownfield Site Rehabilitation Agreement Attachments Oimmit Chevrolet Property B BF Site 10 #BF529701 002 Attachment 0 Certification of Redevelopment Agreement Attached is a letter from the PRFBSR certifying that an agreement exists between the PRFBSR and the local government with jurisdiction over the brownfield site for the redevelopment of the brownfield site. iO ""TII,; ."~~~LOF TNt ~~... ~~~ ~I'.'J""'~~;"-_ \~~" #~.';t-- :~l\l, ~-~!ia~ ~ --~'" ~!i'fV-n ': ~ -.~. -= - 00:::("- ..Co':. ---=- ~~ "p -~ -- ;:;::;.. ':.~----- .,~--:\ - '1;;,---- ,I',,, .\ ~ r?J. ,,,,.,,- ~"t'~ .....)1TE~".. · '11'1' CITY OF CLEARWATER POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 CI1Y HAu, 112SOlJTH OSCEOlA AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (J27) 562-4023 FAX (J27) 562-4037 ECONOMIC DEVELOPMENT TEAM BROWNFIELDS PROGRAM May 10, 2001 Ms. Deborah A. Getzoff Director of District Management Florida Department of Environmental Protection Southwest District 3804 Coconut Pahn Drive Tampa, FL 33619 Subject: Clearwater Brownfields Site Rehabilitation Agreement Lots 1,2,3,4,5,6,7,8,11,12,13,14,15,16,17,18,19 of Block 2, MAGNOLIA PARK Dear Ms. Getzoff: As required in the Brownfields Site Rehabilitation Agreement, this letter serves to inform the Department that the Gty, who is acting as the Person Responsible for Brownfields Site Rehabilitation is also the local government with jurisdiction over the Clearwater Brownfields Area for the redevelopment of the subject Brownfields Area. While no specific agreement will be developed between the City as the Person Responsible for Brownfields Site Rehabilitation Assistance and the Gty as the regulatory authority over the local Brownfields program, there will be several agreements (currently being negotiated) regarding the development of the subject property. A development agreement is being negotiated between the Community Redevelopment Agency (CRA) and the proposed future developer of the property (Mediterranean Village L.L.c.) outlining the terms of development for the property. Additionally, an interlocal agreement is being developed between the City and the CRA outlining the respective responsibilities for the future development of the 100-unit townhouse project proposed by Mediterranean Village L.L.c. The City is willing to provide copies of these documents to the Department if necessary upon their execution by the Gty COnmllssion and eRA. Please contact me at (727) 562-4023 if further infonnation or clarification is required. Respectfully, ~ ~.'B~ Miles G. Ballogg Cearwater Brownfields Coordinator 0:: Pam Akin, City Anomey Tim Smith, Ackerman, Senterfit &Eidson David Gerard, FDEP Roger Register, FDEP ONE CIIT. ONE FtmJRE. BRIAN J, AUNGST, MAYOR-COMMISSIONER ED HOOPER, VICE MAYOR-COMMISSIONER ED HART, COMMISSIONER * BoB ClARK, COMMISSIONER J,B. JOHNSON, JR., COMMISSIONER "EQUAL EMPLOYME:\T k"l:D MFIR.\1ATIVE ACTION EMPLOYER" City of Clearwater Brownfield Site Rehabilitation Agreement Attachments Dimmit Chevrolet Property B BF Site ID #BF529701002 Attachment E Contractor Certification Form and Insurance Certificates Attached are the insurance certificates and contractor certification form required under section 6 of the BSRA. ~ JlJfilD.l:.~ ~lJt.? I J ~est D' ?()O/ ~striCf ~ ,ampa David B, Slruhs Secretary Department of Environmental Protection - Jeb Bush Govemor Twin Towers Office Building 2600 Blair Stone Road Tallahassee, Florida 32399-2400 CONTRACTOR CERTIFICATION FORM Brownfields Redevelopment Program Contractor Name: ___~~~_f'p!,'p'p.!:~!.ion____________~____ Date: __~~~~_~.LJ001 Contractor Add ress: _"?~~Q_~~~!_~~~!:!.~~Y..~~!!'PE~J~_~~~~~,!~y'!..._!~!!,'p'a, _i_~_ 33607 Contact Name: ___~~_~~~~~~~~_~!:~!...~~~~_____________________________ Phone No.: (813) 286-1711 Fax No.: (813) 636-2499 The above contractor hereby certifies to the Florida Department of Environmental Protection (FDEP) that it meets the following requirements for contractors participating in the Brownfields Redevelopment Program [Sections 376,80(6) and (7), Florida Statutes (F,S.)]: 1, It meets all certification and license requirements imposed by law. 2, It performs laboratory analysis pursuant to National Environmental Laboratory Accreditation Program ("NELAP") certification requirements and performs field sampling work in accordance with a comprehensive quality assurance plan ("CompQAP") prepared and approved under Department rules. It has an -"pproved Comprehensive Quality Assurance Plan No. 870432 Kev. 18 in accordance with Chapter 62-160, Florida Administrative Code. It complies with all applicable OSHA regulations, It maintains Workers' Compensation Insurance for all employees. [Provide insurance certificate] It maintains: Comprehensive General Liability Insurance, and Comprehensive Automobile Liability Insurance, with minimum limits of at least $1 million per occurrence and $1 million annual aggregate for each and has named the State as an additional insured. [Provide insurance certificates] It maintains Professional Liability Insurance with minimum limits of at least $1 million per claim and $1 million annual aggregate. [Provide insurance certificate] Has the capacity to perform or directly supervise the majority of work at a site in accordance with Section 489.113(9), F .S, 3, 4. 5. 6. 7. ___~_u~ Certified By Thomas H. Turton, P. E, Vice President Title Yes No rn rn D D [2a rn D D rn [2a D D rn D rn D This form will be kept on file by the FDEP District office. Contractors must immediately notify the FDEP (Brownfields District Coordinator) of any change in the above criteria. The FDEP may order a suspension or cessation of work for failure of a contractor to maintain their required certification. For additional guidance regarding completion of this form please see the attached "Tip Sheet for Contractor Certification Form". Please return this form (without the Tip Sheet) to the appropriate District Brownfields Coordinator. ~ "Protect. Conserve and Manage Florida's Environment and Natural Resources" Printed on recycled paper. rev. 04/18/01 JUN, 8.2001 1:18PM MARSH INC NO. lalla P.2 MARSH RISK & INSURANCE SER.VICES, INC. THREE EMBARCADERO CENTER SAN FRANCISCO, CA 94119-3880 CAliFORNIA LICENSE NO. 0437153 .1 ",' 1 I C:UTlFICAi!; /lUMIiII;~ SEA-000414431_00 'l'HIS CtR'nFICA'I'!; IS IBaUIiD AS A "'AmI' 01" IJlI"OItMATICIN ONLY AND CONPl!RS NO RIGHTS UPON THE CERTIfiCATE HDLD~R OTHl!1t THAll THOSE PROVIDeD IN THE POUCV. 'l'H18 CERTIFICAtE DO&S NOT AMEND, !JeT!NO OR At.T!I' THI! COV!RAGI! AFFORDElllY THE POUCIEa DElICR/IiI!;D HEREIN. COMPANIES AFFORDING COVERAGE RODUCI!R URS CORPORATION I 100 CALIFORNIA STREET, STE_ ~OO SAN FRANCISCO, CA 94111-4529 , . I COMPANY A NATIONAL UNION FIRE INS. CO. OF PITTSBURGH, PA COMPANY B AMERICAN MFRS MUTUAL INS CO m8 ~WCIA-00114- lllUReD COMPANY C AMERICAN INTERNATIONAL SPECIALlY LINES INS. CO. COMPANY D llilS IS TO CERTIFY lltAT POLICIES OF INSURANCE, DESCRlBEP HE~IN HAVE BEEN 18SUED TO THE INSURED NAMED HEReIN FOR 'tHE POUCY PERIOD II'lDICATED. NOTWITHSTANDING At<< REQUIREMENT, TERM OR CONDmoN OF At<< CO~CT OR OTHER DOCUMENT WJTloI RESPECT TO WHICH THE eERTIACATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED ElY THE POL/CIE&! DESCRlBeo HEREIN IS SUlIJeCT TO ALL 1if~ llOI'lMS, CO)llDmoNS AND ~CLUSIONS OF SUCH POLICIES. LIMITS SIoiOWN MAY HAVE BEEN ReoUCeo BY PAID CLAIMS. :0 I poucy I!I"'I!CTIV~ ,"oucy I!XPIRATION TR TYPE OF INSURANCE rOlJOY NUIII!E!l\ DATE IIUIIIDOlfY) DAT& IMMIDIlI'fY) UMITS GENERAL UABIUTV GL933-0915 04/01/01 04/01/02 GIi:N~ AGGREGATE $ 2,000,000 COMMEFtCIAL GeNERAL LlASILfTY PRODUCTS. COMP/OP AGG $ 2,000,000 CLAIMS MADe [K] OCCUR PERSONAl & ADV INJURY $ 1.000,000 OWNER'S & CONTRACTO~S PROT E:ACH OCCURRENCE $ 1,000,000 X $ 1,000,000 X ER PROJECT AGGREGAT $ 5.000 3 AU'TOMOBILE LlABILITV F5Y006395.00 AOS 04/01101 04101/02 COMBINED SINGLE LIMIT $ 1,000,000 3 ANY AUTO FsY006396~O(HAWAlI) 04/01/01 04101/02 3 AU.. OINNED AUTOS F5Y006397,.o0 (VIRGINIA) 04/01/01 04101/02 BODII.Y INJURY $ 3 SCHEDUI.ED AUTOS F5Y00639B~Orr~} 04/01/01 04/01/02 (Per perlO/l) .3 X HIRED AUTOS X3P084803 OO(MASS) 04/01/01 04/01/02 BOOn. v /JllJURV $ X NON-OWNEO AUTOS , (p;r IIllddGnt) I I PROPERiY DAMAGE $ GAAAGE UABILITY AUTO ONLY. ~ ACCIDENT ANY AUTO OTHER THAN AUTO ONLY; EACH ACCIDENT AGGREGATE iXCES& UABILlTY EACH OCCURReNCe AGGREGI\TE: \ 708-4426 cr- 01/01/01 01101/02 \ 708-4425 AOS 01/01/01 01/01102 \ THE PROPRIETOR! INCL 708-4427 NV & WI 01/01/01 01/01/02 PART)II!:RSIEXECIlnvE I \ OFFICERS ARE; EXCL INCL: USL&H , 476-3090 04/01/01 04101/02 oJ PROF. UABILITY (E&O) EACH CLAIM $1,000,000 CLAIMS MADE FORM. AGGREGATE $1,000,000 )!SClltIPTI()N OF OPERATIONS/LOCATIONBNtlfICL&8I8PECI4L ITEMS (UIIITS lAY BE SUBJI!CT TO PI!PUCTIIl~S OR fiETENTrONS) ~E: CLEARATER CITY PROPERTY - BROWNFIELD REHABILITATION 901-927 CLEVELAND ST. :JROJECT NO.: C1-00009165.00 STATE OF FLORIDA IS AN ADDITIONAL INSURED AS RESPECTS COMMERCiAl GENERAL & AUTO LIABILITY. CITY OF CLEARWATER 112 SOUTH OSCEOLA AVE. CLEARWATER, FL 33756 &HoI.Ul NIt Of' TMl PCUOII!I lleCCRlIleD I'ERllIN III! QANCau:D Ile'OIlE '!HE ElCJlIRAl10W OA-n; ~Of. THe INSIJRIlq AFI'OIlDlNC COVERACE \\ILL &~ I.1AIL ---3.Il DAve ~ ~OllCE TO lltE CERTlFlCo\n;I\Ol.ll~~~~~ ~ ~~ MARSH UIIA INC. Michio Nelco~ City of Clearwater Brownfield Site Rehabilitation Agreement Attachments Oimmit Chevrolet Property B BF Site 10 #BF529701002 Attachment F Quality Assurance Certification The PRFBSR shall submit to the Department documentation showing that the laboratory(s) performing analysis have been accredited by a NELAP-recognized accrediting authority (in Florida, the Department of Health, Bureau of Laboratories,) Analytical methods capable of meeting the cleanup target levels in Chapter 62-785, F.AC" shall be used for all analyses. So long as Chapter 62-160, F.AC., includes a Comprehensive Quality Assurance Plan (CompQAP) requirement, the PRFBSR shall submit to the Department documents certifying that the organization(s) performing the field sampling activities have a Department-approved Comprehensive Quality Assurance Plan (CompQAP) in which each is approved for the sampling activities to be performed as part of the assessment and corrective actions at the site. The documentation shall, at minimum, contain either the most recent Title Page (signed by the Department QA Officer) and Table of Contents of the Department approved CompQAP (if the CompQAP is a 15-section document) or the most current CompQAP letter of approval signed by the Department QA Officer. All identified organizations shall follow the protocols outlined in their respective CompQAP(s). 1, If at any time sampling activities are anticipated which are not in the Department-approved CompQAP, and the PRFBSR wishes to maintain the services of the affected organization(s), the organization(s) shall submit amendments to add the capabilities to the CompQAP(s). The letter approving such amendments, and signed by the Department QA Officer, shall be submitted to the Department. 2. If the organization(s) performing the sampling change at any time during the assessment and corrective actions, documentation of their Department approved CompQAP (as outlined in paragraph 1 above) shall be required, 3. If the approval of the CompQAP for a specified organization expires during the course of the investigation or corrective actions, the PRFBSR shall discontinue using the organization until the organization obtains CompQAP approval or another organization is selected and documentation outlined in paragraph 1 above is submitted. 4. The Department reserves the right to reject any results generated by the PRFBSR if any organization performs an activity that is not specifically approved in its CompQAP or NELAP accreditation, if there is reasonable doubt as to the quality of the data or method used, if the sampling was not performed in accordance with the approved CompQAPs, or if analysis was performed not in accordance with NELAP accreditation, or if the CompQAP or NELAP accreditation of any organization expires. . City of Clearwater Brownfield Site Rehabilitation Agreement Attachments Dimmit Chevrolet Property B BF Site ID #BF529701 002 Attachment G Advisory Committee Members Mary Miller 1400 South Madison Avenue Clearwater, Florida 33756 Tel.: (727) 442-4366 email: Mary-Miller@Prodigy.Net Gary Gray 400 Island Way, No. 103 Clearwater, Florida 33767 Mail to: First National Bank of Clearwater 1150 Cleveland Street Clearwater, FL 33755 Tel.: (727) 298-1262 (0) Fax: (727) 462-0437 Stephen Fowler, Vice Chair 319 Roebling Road North Belleair, Florida 33756 Tel.: (727) 461-2930 (H) Office: 1421 Court Street, Suite D Belleair, FL 33756 Tel.: (727) 449-2021 (0) Fax: (727) 447-5339 email: fowlerarch@aol.com Brian Flaherty, Chair 1522 Sand Hollow Court Palm Harbor, Florida 34683 Tel.: (727) 458-4464 (H) Office: 1135 Pierce Street Palm Harbor, FL 33756 Tel.: (727) 787-0091 (0) Fax: (727) 467-9494 Thomas Noble 5265 East Bay Drive, Unit 1022 Clearwater, Florida 33764 Tel.: (727) 532-8336 (H) Office: 6100 154th Avenue, North Clearwater, FL 33760 Tel.: (727) 538-7167, ext. 1057 (0) Willa Carson 1777 Harbor Drive Clearwater, Florida 33755 Tel.: (727) 447-6993 (H) Office: 1108 North Greenwood Avenue Clearwater, FL 33755 Tel.: (727) 467-9411 (0) Fax: (727) 467-2771 Renu Khator 15909 Layton Court Tampa, Florida 33647 Tel.: (813) 972-2973 (H) Office: 4202 East Fowler Avenue Tampa, FL 33620 Tel.: (813) 974-2739 Fax: (813) 974-2184 email: khator@chuma1.cas.usf.edu Rev. William F. Sherman, Sr. 1249 Eldridge Street Clearwater, Florida 33755 Tel.: (727) 443-6650 (H) Tel.: (727) 446-6137 (0) Karen Fenton 18 Douglas Avenue Dunedin, Florida 34698 Tel.: 738-2777 (H) Tel.: 461-8644 (0) City of Clearwater Brownfield Site Rehabilitation Agreement Attachments Dimmit Chevrolet Property B BF Site 10 #BF529701002 Attachment H Format for Submittals of Technical Documents 1. Two hard copies of each draft report or proposal shall be submitted to the Department. 2. In an effort to increase efficiency and responsiveness, and to enhance environmental protection, electronic (digital) records are an acceptable media substitute for "hard copy" (paper) and shall be pursued as the first option of choice to arrive at compliance. Where an electronic (digital) format exists of the records it shall be used to transmit the data, file, report, document, map, plans, picture, record, or any other object that may be available in an electronic (digital) format. Electronic records shall be kept in industry standard non-proprietary formats: TIFF, GIF, JPEG, PDF, or in Microsoft Word, Microsoft Excel, and Microsoft Access not older than one (1) release behind the current. 3. Data requested shall be transmitted using available media such as Email, Compact Disc (CD), Floppy Diskette, DL T tape cartridge, or File Transfer via an FTP site or dial-in connection. Additional formats may be considered at the time of the request. 4. After final approval of each report an electronic copy and one hard copy shall be submitted. The electronic copy shall be saved on Compact Disk (CD) for archiving purposes. 5. The media shall include a file directory and specify the "naming convention". (a) Final reports (any text files) must be in one of the apprO\.fqr,."a~f;' (b) Site maps shall be in u.dxf', TIFF, JPEG or ".pdf' format. (c) Site surveys shall be in ".dxf' format. (d) Site specific GIS data tables shall be in Excel or text (tab delimited) format. (e) The cover of the media shall include the Site Name, Designated Brownfield Area, Date and Type of Report(s). (f) The left inside cover of the media should list all the files located on the media. .