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HomeMy WebLinkAboutBack-Up DocumentsRECEIVED By Alan Sakole at 3:02 pm, Nov 06, 2023 Petroleum Restoration Program SITE ACCESS AGREEMENT 1. The Parties. The undersigned real property owner, CITY OF MIAMI, a Florida Municipal Corporation, ("Owner"), whose address is 444 SW 2nd Ave, 3rd Floor, Miami, FL 33130 hereby give(s) permission to the State of Florida, Department of Environmental Protection, whose address is 2600 Blair Stone Road, MS# 4545, Tallahassee, Florida 32399-2400 ("FDEP" or "Department") and all its Contractors, subcontractors, and vendors ("Contractors"), to enter the Owner's property located at ("Property") 6200 NW 17 Ave, Miami, FL, 33147 with FDEP Facility ID # 138732522. The Property. Owner owns the certain real property identified as folio/parcel number(s) 01-3115-005- 3291 located at 6200 NW 17 Ave, Miami, FL, 33147 Miami -Dade County, Florida (the "Property"), as more particularly described in the legal description within Exhibit A, attached hereto and made a part hereof. 2. Permissible Activities. This Site Access Agreement ("Agreement") is limited to activities which may be performed by the Department or its Contractors without cost to the Owner (unless required in a separate agreement with the Department) to locate contamination, determine contamination levels and, when necessary, remove and remediate contamination which may be performed by the Department and its Contractors. If the contamination is eligible for state funding, nothing herein is intended to modify the requirements and limitations of the eligibility program or order. 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; • conduct surveys, prepare site sketches, and take photographs; and • inspect any and all of the above activities 3. Duration and Termination of Access. This Agreement is granted, without any fee or charge to the Department or Contractors, for so long as is necessary to assess, remove, monitor and remediate the contamination on the Property. Access shall be allowed for the Department (its employees) and Department Contractors (including site rehabilitation contractors and associated subcontractors; contracted site managers with Teams 5 and 6 and local governments; and contractors performing work for the Department under environmental forensics site investigation contract, if applicable) Page 1 of 7 Facility ID#: 138732522 AS (collectively referred to throughout as Contractors) immediately upon the execution of this Agreement. However, access for a Site Rehabilitation Contractor can be contingent upon the Owner timely entering into an additional separate site access agreement with only the Site Rehabilitation Contractor (if the Owner wants a separate agreement with the Site Rehabilitation Contractor, please check the appropriate box at the end of this document). Such agreement with a Site Rehabilitation Contractor is not binding upon the Department. There is no option for an additional site access agreement with any of the Department's other Contractors. This Agreement shall continue until the Department's entry of a site rehabilitation completion order pursuant to Rule 62- 780.680, Florida Administrative Code (F.A.C.), or low -scored site initiative no further action order pursuant to Section 376.3071(12)(b), Florida Statutes (F.S., "Order"). At which time the Owner shall be provided a copy of the Order and this Agreement shall be automatically terminated. 4. County or City (referred to as "Local Government"). Manager/Administrator. The Local Government Manager/Administrator (as appropriate) is authorized to exercise the Owner's rights and obligations under this Agreement, including, but not limited to, giving written consent to the Department's requests when necessary, approving any amendment or waiver of the terms and conditions of this Agreement, and terminating the Agreement. The Local Government Manager/Administrator is defined as the administrative head of Local Government pursuant to Subpart A, Section 15 of the Charter of the City of Miami, Florida. 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 with the Owner's prior written consent. "Business Hours" is defined as 7 A.M. to 7 P.M. (Eastern Time) during the weekdays. 6. Environmental Infrastructure and Well Permits. The Department and the Contractors may act as Owner's authorized representative in signing all required forms and documents necessary for obtaining applicable permits related to environmental infrastructure improvements including well construction, repair, maintenance, modification, and abandonment pursuant to Chapter 373, F.S., upon written approval, such approval shall not be unreasonably withheld. 7. Activities Comply with Applicable Laws, The Department and Contractors 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. 8. Proper Disposal of Contaminated Media. The Department and Contractors 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. 9. 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. 10. Owner's Non -Interference. The Owner shall not interfere with the Department or Contractors 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 Page 2 of 7 Facility IDS: 138732522 Department at least ninety (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 (1) calendar year, the Owner can request removal of the remediation equipment if it is interfering with operation of the business or with planned construction activities. 11. Non revocable. If Property is the source of the discharge that is eligible for State funded remediation pursuant to Chapter 376, F.S., 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 Rule 62-780.680 F.A.C. or a low- scored site initiative no further action order issued (if applicable) pursuant to Section 376.3071(12)(b), F.S., is final. 12. 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. 13. 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. 14. 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 Department performed by the Owner's selected contractor arising from or by virtue of, the Permissible Activities. 15. Injury to Department. The Owner shall not be liable for any injury, damage or loss on the Property suffered by the Department, Department's employees or Contractors provided that it is not caused by the negligence or intentional acts of the Owner's agents oremployees. 16. Sovereign Immunity. To the extent permitted by law, and without either party waiving its sovereign immunity or waiving any limits established by Section 768.28, F.S., the Owner and the Department acknowledges and accepts their responsibility and liability for torts under applicable law (Section 768,28 F.S.) for damages caused by the acts if their respective employees while on the Property. 17. Insured Contractors. The Department shall require its Site Rehabilitation and Forensics Contractors, while performing services on the Property, to maintain commercial general liability insurance, automobile liability insurance, and workers' compensation insurance as required by Section 376.3071(6), F.S., and approved by the Department. 18. 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 the Permissible Activities online using the facility number reference above. http:fidepedms.dep.state.fl.us/Oculusiservlet/login Page 3 of 7 Facility ID#: 138732522 19. Entire Agreement. This Agreement shall constitute the entire agreement between the Department and the Owner regarding this grant of access to the Property by the Department and its contractor 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 20. 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 Dade County, Florida. 21. Severability. In the event that any part of this Agreement is found to be invalid by a court of competent jurisdiction, that part shall be severed from this Agreement, and the balance of this Agreement shall remain in full force. 22. No Third -Party Beneficiaries. This Agreement is solely for the benefit of the parties hereto and the Department, Contractors, and their 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? If neither are checked, the Department will assume "NO." Note: Additional requirements must be on a separate page titled Exhibit B and include the facility ID#, owner signature and date on the page. If an Exhibit B is not submitted to the Department with the signed Site Access Agreement, the Department will consider that you have changed your selection from "YES" to "NO". YES x NO B. Do you wish to participate or provide input with respect to rehabilitation of this facility? If neither are checked, the Department will assume "NO." YES II NO C. If you wish to exercise the option to reject one Contractor prior to assignment of work, please enter an email address. N/A If you do not have an email address, you can enter a telephone number or street address instead. D. Do you want the site rehabilitation Contractor to contact you to obtain a separate site access agreement? Note: Optional site access agreements between the owner and site rehabilitation Contractor must be completed within (90) calendar days. Since such an agreement is neither necessary nor required, state funded site rehabilitation activities will begin whether or not you and the site rehabilitation Contractor have executed this optional agreement. Entities listed in paragraph 3 which this agreement provides immediate access for are excluded from this option of obtaining an additional site access agreement. x YES NO Page 4 of 7 Facility ID#: 138732522 23. Notices. For a notice to a party to be effective under this Agreement, notice must be sent via e- mail to the addresses listed below and shall be effective upon mailing. The addresses for notice shall remain as set forth herein unless and until changed by providing notice of such change in accordance with this section. NOTICE TO OWNER: Arthur Noriega, V City Manager 444 SW 2nd Avenue, l Oth Floor Miami, FL 33130 anoriega@tniamigov.com WITH A COPY TO: Victoria Mendez City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130 vmendez@rniamigov.com George Mensah Director of Housing & Community Development 14 NE 1st Avenue, 2nd Floor Miami, FL 33132 gmensah@rniarnigov. coin NOTICE TO DEPARTMENT: In addition to the Department's site manager assigned to the Property, the below mentioned PRP Facilitator has been assigned to the Owner and shall be given all notices required under this Agreement. PRP: Email Address: Remainder of page intentionally left blank Page 5 of 7 Facility ID#: 138732522 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement: ,through its Board of Commissioners, signing by and through its County Administrator, authorized to execute same by Board action on the day of 2023 (Agenda Item# ), and State of Florida Department of Environmental Protection, signing by and through its duly authorized representative. CITY OF MIA , a Florida Municipal Corporation ATTEST: By: Arthur or ega V, City Manger Todd H Date: Date: 0 APPROVED AS TO FORM AND CORRECTNESS APPROV REQUI NCE j/ i By: �kC l '°� By: ' 'rVicteia Mend z, City Attorney Aim -Mari • Sh• se, Director Risk tqlk Manaigem t Department Date: Date: Accepted by the State of Florida Department of Environmental Protection: By: //‘.' 011"4 Natasha Lampkin Program Administrator Petroleum Restoration Program Date: November 14, 2023 for NL By: Signature of Witness Grace Rivera 11/14/2023 Print Name Date Attachments: Exhibit A- Legal description of the Property. FDEP Coordinates (Degrees Minutes Seconds) for Facility ID# 138732522 Latitude 25° 49' 55.4888" Longitude 80° 13' 30.5034" Page 6 of 8 Facility IIITh 138732522 FLORIDA DEPARTMENT OF Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, FL32399 MEMORANDUM FROM: Natasha Lampkin, Program Administrator, Petroleum Restoration Program Natasha Lakin Digitally signed by Natasha Lampkin Date: 2021.04.0814:51:16 -04'00' SUBJECT: Delegations of Authority DATE: 4/8/2021 Ron Mantis Governor Jeanette Nukiea Lt. Governor Noah Valensteln Secretary In accordance with DEP Directive 100, the following referenced delegation(s) are hereby delegated to the delegate(s) listed. Delegation Reference Delegate(s) DEL-16 Permitting Authority: For their respective divisions, take • Ken Busen, Environmental Administrator, Petroleum Restoration Program agency action on all orders, certifications, agreements, permits, general permits, generic permits, exemptions, and exception • • Susan Fields, Environmental Administrator, Petroleum Restoration Program Blake Miller, Environmental Administrator, Petroleum Restoration Program applications, including modifications and extensions. • Matt Ingham, Environmental Administrator, Petroleum Restoration Program Limitations to the delegation(s): Limited to Initial and Follow-up Notice of Contamination Beyond Property Boundaries unless these notices are for a School Property; and Site Access Agreements. This delegation is for Petroleum Cleanup sites only and does not include any other agreements, orders, certifications, permits, exemptions, exceptions, modifications or extensions. The exercise of these delegations shall be consistent with all applicable rules, statutes, administrative directives, policies and procedures. These delegations should be exercised with a high degree of judgment and caution. If there is any doubt whether exercising this delegated authority is inconsistent with any of the above limitations, the person whom the authority is delegated shall not exercise the authority without first consulting Natasha Lampkin, Program Administrator, Petroleum Restoration Program. This delegation of authority revokes, replaces, and supersedes all previous delegations within the Petroleum Restoration Program. EXHIBIT A Legal Description: Lots 21, 22, 23 and 24, Block 12, LIBERTY CITY, according to the Plat thereof, as recorded in Plat Book 7, Page 79, of the Public Records of Miami -Dade County, Florida, Less the following described portions: The South 10,00 feet of Lots 23 and 24 in said Block 12, less the East 10.00 feet of said Lots 22 and 23 and less that part of said Lot 23, which lies within the external area formed by a 25.000 foot radius arc concave to the Northwest tangent to the West line of the East 10.00 feet of said Lot 23, and tangent to the North line of the South 10.00 of said Lot 23, Page 7 of 8 Facility ID#: 138732522 COWL Mt Fts.urroex Rt5.S Tials raopeatir &sealed ate. 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