HomeMy WebLinkAboutExhibit9/15/2015
Florida Department of
Environmental Protectiol
Bob Martinez Center
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
>
Rick Scott
,Governor
Carlos Lopez-Cantcra
Lt. Governor
Jonathan P, Steverson
Interim Secretary
CITY OF MIAMI ASSET MGMT
0
444 SW 2ND AVE #325
MIAMI, FL 33130.1910
Subject: Notice of Funding ALa 11ablItty for Assessment
_-.
STAR #1224
1199 NW 62ND ST
MIAMI, MIAMf-DADE COUNTY
FDEP Facility ID#13 8506094
Eligible Discharge Date: 10P20/1987(EDI)
Priority Score: 10
Dear Property Owner:
Funding Is currently available from the Pcuolourn Restoration Program (PRP) to perform a Low -
Score Assessment. (LSA) to assess the extent of the petroleum discharge at your facility, Any
co -payments or deductibles associated with this discharge will not be requited at this time unless
the data demonstrates the site qualifies for closure and is issued —a7Site Rehabilitation Completim
Order (SRCO),
In order to participate in this program, a site access agreement must be signed and returned,
d,
Please execute and return the attached PERMISSION TO ENTER PROPBRT'Y form as soon as
possible using the enclosed self-addressed stamped cirvel'ope, but within 30 clays of the date of
form, the at! a
this letter, Upon receipt of the completed f , PRP will begin preparing scope of work
and aSSignit)e a Competitively procured Agency Term Contractor to begin assessment activities
at Your site.
Recent legislation now requires the PRP to select contractors to perform assessment and
renaccliation of state -funded petroleum contamination, As a result, the PRP selects corctractors
through a competitive procurement process that is outlined in Chapter 62772, Florida
Administrative Code,
www, den stwlefl. us
CITY OF MIAMI ASSET MGMT
FDE,P Facility ID# 9506094
Page 2 of 2
9/15/2015
Tho PRP will consider any input you ..may want to provide with respect to the rehabilitation of
this facility. If you would like to provide such input, -or" like the opportunity to reject one
agency term contractor prior to as-sigD'Mcnt, please check the appropriate box of the foirn ' and
provide contact information as soon as possible using the enclosed self-addressed stai-aped
envelope, again within 30 days of the date of this letter.
If you have any questions, please contact Rob Perlowski at 850-245.8917 or
Robert, Perlo�y§ki @ dep, siatelft Thank you for your assistance,
Sincerely,
Alan Sakole
Environmental Supervisor
York Risk Services Group, Inc;
AdmirdsCrative Soi-vices Contractor
Enclostre: Permission To Enter -Property.
Note, this cover letter is fory our records and should not be returned,
INSTRUCTIONS FOR COMPLETION OF SITE ACCESS AGREEMENT
This agreement is required to allow MEP and the Agency Term Contractor (ATC) personnel to
enter your property to perform rernediation services, Upon issuance of a Closure Order, your
site will be restored as nearly as practical to the conditions which existed before the activities,
and the access agreement shall be terminated.
The Agreement includes 21standard paragraphs, Alteration may not bemade directly on the
original agreement. In addition, there are four questions concerning owner access preference
that must be answered by checking the corresponding boxes, Any additional requirements or
agreements may not result in the FDEP incurring additional expensG's, Please see the instructions
following each question for more, information,
A. Are addition,
-a requirements attached to this agreement? Note: Additional
requests must be, on a separate page titled Exhibit B and include the facility M#, owner signature and
date on the page.
Some property owners require additional access conditions, such as those mandated in the
Jessica Lundsford Act for school properties, or have specific requirements regarding
notification of work, Additional requirements may be requested on a separate signed and
dated page to this agreement, to be titled Exhibit B, Such requests.are subject to evaluation and
approval by the Department, You will be informed if the Department cannot accept your
request, Any changes or alterations to the standard access agreement must be made in Exhibit
B, and not on the original agreement,
B, Do you wish to participate or provide input with respect to rehabilitation of
this facility?
If you wish to be in close communication with the ATC and receive notifications of work,
copies of reports and recommendations for the site, select "Yes" for this option. Ifyou prefer
to be, hands off and. let the ATC conduct all work as directed by the FDEP, please, select "no,"
C. Do you wish to exercise the option. to reject one Agency Term Contractor
prior to assignruent of work?
As required by legislation outlined In Chapter 62-772 Florida Administrative Code, FDEP will
use a competitive procurement process to select an ATC to conduct the
assessment/remediation activities, Checking "yes" for the above option allows you to be
informed by FDEP which ATC is selected be -fore they are authorized to Initiate activities, and
reject one, selected ATC, if you so choose,
D, Do you want the, Contractor to contact you to obtain a separate site access
agreeiiient? Note: Additional site access agreements between the owner and ATC must be
completed within ninety (90) calendar days,
If "yes" is selected, you will be, contacted by the ATC to discuss the terms of your additional
site access agreement prior to begfiming any work at your site, The State of Florida does not
review or give advice regarding these separate agrecmcnt.s, If you choose to do this, the
separate access agreement cannot contradict, and must be subscyviont to, the agreemopt
between the owner and the FDEP.
Sage 1 of 1
SITE ACCESS_ _AGREEMVW�
1, 'LhtParties, The undersigned real property owner, CITY OF MIAMI ASSET MGMT,
("Owner"), hereby give(s) permission to the State of Florida, Department of Environ.montal
Protection ("Department") and its Agency Term Contractor,
nsubcontractors, subcontrators, and vendors
("Contractor"), to enter the Owner's property ("the Property") located at 1199 NW 62ND ST
MIAMI 33150, FDEP Facility ID: 8506094,
2. Owner owns the certain parcel(s); W31140210950 of real property located
at 1199 NW 62ND ST, MIAMI Florida
33150 (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 (RA,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:
a conduct soil, surface, subsurface, andgToundwater investigations,
including but not limited to entry by a drill rig vehicle and/or support
vehicles;
0 install and remove groundwater monitoring wells;
Q use geophysical equipment;
0 use pan auger for collecting soil and sediment samples;
6 locate existing wells;
0 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;
iD install and remove utility connections;
trenching for connection of remediation wells to equipment, and
conduct surveys, prepare site sketches, and take photographs..
4, pgrgic, M granted, without any fee of
-n ition cyt&cess, 'This Agree ent is
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 Agreeme6t, However, access -for a
CoDtractor 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
isnot binding upofi 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
Page I of 5
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 dulkg- S3usiness_Houis, The Department and Contractor may enter the
Property dozing normal business hours and may also make arrangements to enter the Property at
other times after agreement from the, Owner,
6, Activities QqMaDly with Applicable Lan. The Department And Contractor agree thht 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, Pro p-er—I)ia�bia-!-LfCoritamijiated 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,
& 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,
91 Owner's Non -Interference, The Owner shall not interfere with the Department or
Contractor when per orrn_ing 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 ffie. Department 90 days prior to commencement of any construction, demolition or
other work, on the Property that may damage or destroy any part of the equipment installed under
this Agreement. If the Department anticipates that the temediation 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-revocablo, If Property is the source of the discharge that is eligible for State funded
remediation pursuara. to Chapter 37*6, 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 376.3011(12)(b), Plorlda Statutes, is final,
11, No Admission. The granting of this Agreement by the Owner is not intended, nor should
it be constnied, as an admission of liability on the part of the, Owner for any contamination
discovered on the Property.
12, Qwqcr's Use of ProRerty, 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, nciffiut the
Department iior 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.
13, Owner's Release of Claim. If OwneYseldcfe'd a, qualified contractor (not an agency term
contractor), the. Owner hereby releases the Department from any and all claims against the
Page 2 of 5
Department performed by the Owner's selected contractor arising from or by virtue of, the
Permissible Activities.
14, kLurylg_DeartgIent. 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, Indern
_LqtfficatiDgThe 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, �tSovere
IIr 19n,ILn_Mgpi j, The Department acknowledges and accepts its responsibility under
applicable, law (Section 76 8,28, Florida Statutes) :for damages caused by the acts of its employees
while on the Property.
17,2—uLfiglecords, All documents created or received associated with the Permissible
activities are a public record pursuantto 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. littp://d 9edi �sje ?acCon=logJIn
dgL -1 -- –
18. 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, ainendment or waiver of the terms and conditions of this Agreement Shall be
binding upon Department unless approved in writing by an authorized representative of Ownok
and Department,
19,g�o �rcrqiLng Lq�y_ d 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 baving,jurisdiction located
in Leon County, Florida,
20. Sever abilif r v in n -orcbable shall
y, Any p o ision of this Agree e t that is prohibited or unQnf
be ineffective to the extent of such prohibition i.b.iialidathig thb
remaining provisions hereof.
21. No Third Party Bpeficiarim, This Agr=11011t is solely for the benefit of the parties
hereto and their respective successors and assigns and shall not be ductried 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: Additimial requirements must
be on astparato page titled Bxhibit B and include the facility ID#, owner signature and date on the page,
[--I YES [:] NO
Page 3 of 5
n
B, Do you wish to participate or provide input with respect to rehabilitation of this facility?
YF'S NO
C. Do you wish to exercise the option to reject one Agency Term Contractor prior to
assignment of work?
EJ n S NO
D. Do you want the Contractor to contact you to obtain a separate site access agreement?
Nof&- Additional site aecms agreements; nuist be completed between the owner and ATC within ninety (90)
calendar days,,
YF'S E__] NO
Signature of each Property Owne: Signature of Witness
Print Na e—' Date Print Name Date
Property Owner Mailing Address
Property Owner ,Tolephone or Cell Phone Number
Property Owner R -mail Address
Page 4 of 5
Accepted by the State of Florida Department of .Environmental Protection:
Diane D. Pickett, RG. Signature of Witness
Program Administrator
Petroleum Restoration Program
Date Print Name
Attachments: Bxbibit A- Legal description of the Property,
FDEP Coordinates (Degrees Minutes Seconds) for Facility 8506094:
w
Page 5 of 5
I
I
Attachment A
Short Legal, Description: WOODMERE PB 14-11 LOT I 2 3 & 4 INC & W 15 SST LOT .5 BLK
5 LOT SIZE 12819 SQUARE FEET OR 19451-2635 01013
FADEP Coordinates(Degrees Minutes Seconds) for Facility 13/ 8506091•;
Latitude 2504956.2055"
Longitude 800 12158,789211