HomeMy WebLinkAboutExhibitSITE ACCESS AGREEMENT
1. The Parties. The undersigned real property owner, CITY OF MIAMI-DEPT OF P & D,
("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 400 NW 2ND AVE ,
MLAMI 33128, FDEP Facility ID: 8622122.
2. The Property. Owner owns the certain parcel(s): 0101070501090 of real property located
at 400 NW 2ND AVE, MIAMI Florida 33128 (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 iaf 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 shaII 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.an the Property that may damage or destroy any part of the equipment installed under
this Agreeirert. 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 clue to the performance of any Permissible Activity.
This agreement does not modify any Iegal 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://de,pedms.dep.state.fl.us/Oculusiservlet/login?action=login
1 S. 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 Fls rida. 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 TD##, 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 I I NO
Signature of each Property Owner Signature of Witness
Print Name Date Print Name Date
Property Owner Mailing Address
Property Owner Telephone or Cell Phone Number
Property Owner E-mail Address
Page 4 of 5
Accepted by the State of Florida Department of' Environmental Protection:
Diane D. Pickett, P.G.
Program Administrator
Petroleum Restoration Program
Date
Signature of Witness
Print Name Date
Attachments: Exhibit A- Legal description of the Property.
FDEP Coordinates (Degrees Minutes Seconds) for Facility 8622122:
Page 5 of 5
Attachment A
Short Legal Description: MIAMI NORTH PB B-41 ALL BLK 75 & BLK 88 LESS S 10 FT OF
LOTS 11 THRU 20 & LESS E 10 FT OF N 32 FT OF S 42 FT OF LOT 20 & LESS EXT
AREA OF CURVE IN SW & SE COR FOR R/W PER UNITY OF TITLE OR 25615-4048 05
2007 3
FDEP Coordinates(Degrees Minutes Seconds) for Facility 13/ 8622122:
Latitude 25 ° 46' 42.5352 "
Longitude 80° 11' 57.3180"
EXHIBIT B
ADDITIONAL CONDITIONS/ AMENDMENTS TO SITE ACCESS AGREEMENT
In consideration of the mutual covenants herein, Owner and Department (sometimes hereafter referred
to as "Parties") agree as follows:
1. Termination of Access. The Agreement shall automatically terminate upon the earlier of the following
dates or events to occur: (a) April 1, 2020, unless an extension is mutually agreed upon by the Parties in
writing, or (2) upon the Department's entry of a site rehabilitation completion order pursuant to Rule 62-
780.680, Florida Administrative 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.
2. 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, subject to the Termination of Access above.
3. Security of Property. The Department shall include reasonable security measures, to minimize the risk
of property damage or bodily injury at or in the vicinity of the Property as a result of Permissible Activities
performed by the Department.
4. Injury to Department. Any injury, damage or loss on the Property suffered by the Department or
Department employees caused by the negligence or intentional acts of the Owner's agents or employees shall
be subject to the limitations and provisions of Florida Statute, Section 768.28.
5. Sovereign Immunity. The Parties acknowledge and accept their responsibility under applicable law
(Section 768.28, Florida Statutes) for damages caused by the acts of its employees while on the Property,
Nothing herein shall waive any defense of sovereign immunity, or increase the limits of liability, upon entering
into this Agreement.
6. 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 Miami -Dade County, Florida.
7. Conflict of Terms. In the event of conflict between this Exhibit B and the Agreement, the terms of
this Exhibit B shall control.
CITY OF MIAMI, a Florida municipal Corporation, MIAMI-DADE COUNTY, FLORIDA
ATTEST:
By: By:
Daniel J. Alfonso, City Manger Todd Hannon, City Clerk
Date: Date:
Accepted by the State of Florida Department of Environmental Protection:
By:
Diane D. Pickett, P.G., Program Administrator
Petroleum Restoration Program
Date:
Signature of Witness
Print Name Date
FDEP Facility ID: 8506094