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JEFF KEIERLEBER/COACHMAN HEIGHTS REVISED CONTAMINATION ASSESSMENT RIGHT OF ENTRY RIGHT OF ENTRY Fol CONTAMINATION ASSESSMENT & IEMEDIAL ACTIVITIES This Right of Entry is intended to provide an agreement between the City of Clearwater (hereinafter "City") and the listed Consultant (Hereinafter "Consultant") and its representatives to perform Contamination Assessment and/or Remedial Action Activities as required by 62-770 F.A.C. on the City Owned/Operated Site listed below. All required information regarding this Right of Entry form must be submitted to the address below before access can be approved: City of Clearwater Public Works Administration Project Development and the Environment Group PO Box 4748 Clearwater, FL 33758-4748 (813) 562-4745 SITE TO BE ACCESSED Owner's Name: Citv of Clearwater Address: P.O. Box 4748 Clearwater, Florida 33758-4748 Legal Description: The subdivision of Coachman HeiClhts revised. Block C, south half of Lot 6 and all of Lots 7.8,9 and 10 Parcel No. 15-29-15-16830-0003-0070 CONSULTANT ICONTRACTOR INFORMATION Consultant/Contractor Name: ARCADIS GeraClhtv & Miller, Inc Contact Name: J. Scott Davis. P.E. Address: 14497 N. Dale Mabry Hwy., Suite 115 Tampa, Florida 33618 Phone: (813) 961-1921 FAX: (813) 961-2599 Clearwater Occupational License Number: Professional EnClineers Business License No. EB 0007917 ASSESSMENT AND REMEDIATION ACTIVITY INFORMATION Provide the following information regarding the originating non-city site requiring assessment or remediation activity by the Florida Department of Environmental Protection. Non-City Originating Site Owner(s) Contact Name: Mr. Jeff Keierleber, C/O 915 Court Street Corporation Address: 401 Second Street, Indian Rocks Beach, Florida 34635 Legal Description: The subdivision of Coachman HeiClhts revised, Block C, Lots 17, 18. 19. and 20, IvinCl south and west of Court Street, less the west 25 ft. Parcel No. 15-29-15-16830-0003-0170 FDEP Facility 10 # 52 8624655 THIS RIGHT OF ENTRY IS SUBJECT TO ALL OF THE FOLLOWING CONDITIONS AND MAY BE IMMEDIATELY TERMINATED BY THE CITY UPON WRITTEN NOTICE TO THE CONSULTANT IF _.,r .~ THIS RIGHT OF.. ENTRY IslSUBJECT TO ALL OF THE FOLLOWING J:ONDITIONS AND MAY BE IMMEDIATELY TERMINAT~D BY THE CITY UPON WRITTEN NOTlct TO THE CONSULTANT IF THE CITY, AT ITS SOLE DETERMINATION, FINDS THE CONSULTANT IN VIOLATION OF ANY CONDITION AS DESCRIBED HEREIN: 1. All assessment and remediation activities to be performed under this Right of Entry shall 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 installation of equipment and wells shall be provided to the City by the Consultant for review. The Consultants' proof of insurance in the form of a Certificate of Insurance naming the City of Clearwater as .. Additional Insured" shall also be provided. 2. All activities to be performed on the City Site under this Right of Entry shall be limited to activities authorized or required by the Florida Department of Environmental Protection (FDEP). Prior to commencement, documentation shall be provided to the City confirming that the assessment and/or remediation activities which the Consultant is proposing on the City Site are required by the FEDP. 3. After approval of assessment and remediation activities by the City's PD&E Group, 48 hours notice shall be given to the City of Clearwater by the Consultant prior to the installation or removal of any monitor wells or equipment or the initiation of any monitoring or remediation equipment. Notification shall be made by contacting the City's PD&E Group at (813) 562-4745. Any activity not previously approved by the City's PD&E Group shall not be undertaken without PD&E approval. 4. All activities performed under this Right of Entry shall be performed in a manner that will not interfere with City operations, and shall be conducted at the convenience of the City. 5. The Consultant shall conduct its activities in a manner so as to minimize damage to existing site conditions. Any disturbance found to be unacceptable to the City resulting from the activities of the Consultant or its representative shall be repaired or corrected to the satisfaction of the City within 5 working days. The Consultant shall be responsible for repairs to any utilities damaged due to activities conducted at the City Site. The Consultant shall also make provisions to provide appropriate landscaping as determined by the PD&E Group to screen structures or equipment which must be located on the City Site. 6. All previous data collected from or involving work to be conducted on the City Site shall be submitted to Karma A. Killian with the City PD&E Group prior to commencement of work. A copy of the Contamination Assessment report involving the City Site shall be provided to PD&E. If remedial action is required by FDEP, a copy of the Remedial Action Plan involving the City Site shall be delivered to PD&E prior to commencement of remedial activities on the City Site. A copy of the Site Rehabilitation Completion Order shall be submitted to PD&E upon completion of site assessment and remediation activities. The City PD&E Group contact listed above shall be listed as a cc: on all regulatory correspondence regarding activities on the City Site. 7. Any samples, waste materials, soil cuttings, hazardous waste, hazardous substances, pollutants, contaminants or free product resulting from activities conducted under this Right of Entry shall be the sole property of the Owner of the Contaminant Source Property. Any samples, waste materials, soil cuttings, hazardous waste, hazardous substances, pollutants, contaminants or free product generated under this Right of Entry shall not be stored on City owned property, but shall be stored on the Contaminant Source Property, and handled treated, transported and disposed of in accordance with all applicable local, state and federal laws, regulations and ordinances. Copies of all waste disposal manifests resulting from the assessment and remediation activities at the City Site shall be provided to the City PD&E Group. 8. All tools, equipment wells or other property of the Consultant or its representatives shall be removed by the owner of such property within a reasonable time, subsequent to the receipt of the Site Rehabilitation Completion Order from FDEP. Upon completion of site rehabilitation, all monitor wells installed by the Consultant or its representatives shall be properly abandoned in accordance with the Rules of the Southwest Florida Water Management District Chapter 40D-3. 9. The Consultant shall indemnify and hold harmless the City from all actions, claims, demands, liabilities and damages which my be imposed on or incurred by the City as a consequence of any act or omission of the Consultant and its representatives. 2 .~ '" 6 , .- 10. The Consultant shall obJerve any and all local, state and federal sJety, health and environmental regulations which may be applicable. The Consultant shall indemnify the City from any losses, damages, claims or demands of whatever nature which might arise as a result of the Consultant and its representatives' failure to observe any applicable safety, health and environmental regulations. 11. The Consultant shall provide written notice of completion to the City PD&E Group within 30 days of the issuance of a Site Rehabilitation Completion Order from FDEP. Should the Consultant's contract with the property owner or FDEP terminate for any reason prior to issuance of a Site Rehabilitation Completion Order, this Right of Entry shall immediately terminate. The Consultant shall provide the City with a Termination Letter within 30 days of termination, which includes a statement that all property belonging to the Consultant has been removed from the City Site and the City Site has been restored to its original condition. It is the responsibility of the Consultant to notify all contractors and subcontractors of termination of the Right of Entry. \N.;;VgrNESS WHEREOF, the part;es he'eto have set the;' hands and seals th;s1!!:.y of ~, Approved as to form and correctness: CITY F CLEARWATER, FLORIDA ichael J. Roberto City Manager BY.~~~ arassas Assistant City Attorney By: w~~on~~n~ c2t-~ ~~~ ~~:.nWJ( Lr A-J' ~~ ,1171f- Its: 3 #