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<br /> BROWNFIELDS SITE ACCESS AGREEMENT 1 L • 3 •
<br /> ;to ( 30 � 37 �
<br /> Execution of this form is a requirement for assistance through the Brownfiefds Site Assessment, Cleanup
<br /> and
<br /> Remediation program . For one dollar and other good and valuable consideration the receipt and sufficiency
<br /> of
<br /> which is acknowledged by the undersigned , the undersigned agree as follows.
<br /> Indian River County
<br /> COW
<br /> 1 ) ner") , hereby gives permission to the Treasure Coast Regional Planning Council
<br /> ("TCRPC") and its employees, agents, representatives and its contractors and their subcontractors) to enter the
<br /> Owner's property ("the property") located at _ �e attacK d ten ( o) parce s* The Owner represents
<br /> and
<br /> warrants that the Owner owns 100 % of the fee simple title :to the property. It is agreed that one
<br /> of TCRPC 's
<br /> contractors is an engineering firm .
<br /> 2) This permission is contemplated to be used for the TCRPC's Brownfields site assessment, cleanup and/or
<br /> remediation and to include the following activities, which may be performed by the TCRPC , its
<br /> employees ,
<br /> agents, representatives and its contractors (and their subcontractors) to evaluate , cleanup and/or remediate
<br /> environmental conditions that may be present at the property and including but not limited to the following :
<br /> a) To access all areas of the property including areas where environmental contamination may exist;
<br /> b) To conduct interviews , photographs, site sketches and air monitoring ;
<br /> c) To collect, remove , modify any waste , contaminants, soil , surface water, sediment, groundwater and any other
<br /> materials or substances for the purpose of sampling , cleanup and/or remediation of the property , as deemed
<br /> necessary , including , but not limited to , the installation of groundwater monitoring wells ;
<br /> d) To uselon the property such equipment, including but not limited to vehicles , backhoes and drill rigs , as is
<br /> deemed necessary to perform any of the above activities ; and
<br /> e) 7o take such other actions as to the property as are in furtherance of the Interlocal Subgrant Agreement
<br /> between Owner and TCRPC .
<br /> 3) The granting of this permission by the Owner is not intended , nor should it be construed , as an
<br /> admission of
<br /> liability on the part of the Owner or the Owner's successors and assigns for any possible groundwater, sediment,
<br /> air or soil contamination detected in the samples.
<br /> 4) The TCRPC, its employees , agents, representatives and its contractors (and their subcontractors) may enter the
<br /> property during normal business hours and may also make special arrangements to enter the property at other
<br /> times after Owner has given written consent to do so.
<br /> 5) This permission shall remain effective and shall continue until such time as the Owner delivers to Treasure Coast
<br /> Regional Planning Council written notice of revocation , which revocation , shall become effective 10 days after
<br /> delivery to TCRPC . Notwithstanding the foregoing , this Agreement shall in any event terminate 2 years from the
<br /> date it has been executed by TCRPC .
<br /> 6) This instrument shall be construed and enforced in accordance. with the laws of the State of Florida and shall be
<br /> binding upon and inure to the benefit of the parties hereto , their successors and assigns . If any term or provision
<br /> of this instrument shall be deemed by a court of competent jurisdiction to be invalid or
<br /> unenforceable , the
<br /> remaining provisions shall remain in full force and effect. This instrument contains the entire agreement between
<br /> the parties and supersedes all prior and contemporaneous agreements. This instrument may be modified only by
<br /> an instrument in writing signed by the party to be charged with the modification . Nothing
<br />contained in this
<br /> instrument shall be deemed to make the parties partners or engaged in a joint venture with one another.
<br /> This
<br /> instrument may be signed in more than one counterpart, in which case each counterpart shall constitute
<br /> an
<br /> original of this instrument. An executed facsimile or emailed copy of this Agreement shall be considered for
<br />all
<br /> purposes an original .
<br /> •••1M1S
<br /> ATTEST : Jeffrey R . Smith , CI G��:.• ••.S!ti BOARD OF COUNTY COMMISSIONERS ,
<br /> of Court and Com '•; ,y+ DIAN RIVER COUNTY ( " Owner" )
<br /> By :
<br /> bLs`pui�y Clerk s, Peter D . O ' Bryan , Chairman
<br /> PROVED �Rh�RCO��'' Approved by BCC : December 3 , 2013 .
<br /> waw•`•'
<br /> unty AtImInistrator
<br /> Accepted by the Treasure Coast Regional Planning Council :
<br />
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